Human Rights Law Centre

[2021] FWCA 6328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Human Rights Law Centre
(AG2021/7527)

HUMAN RIGHTS LAW CENTRE ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 OCTOBER 2021

Application for approval of the Human Rights Law Centre Enterprise Agreement 2021.

[1] Application has been made for approval of a single enterprise agreement known as the Human Rights Law Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[4] Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 19 October 2021 and, in accordance with s.54, will operate from 26 October 2021. The nominal expiry date of the Agreement is 26 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Human Rights Law Centre sought approval for their proposed Enterprise Agreement. The dispute centred around the terms and conditions of employment for their staff. The Commission was tasked with determining whether the proposed agreement complied with the relevant statutory provisions and if it met the criteria for approval.

The central legal issues the Commission had to resolve were whether the agreement was genuinely negotiated, if it included the necessary minimum terms and conditions, and whether it adhered to the provisions of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. It also determined that the agreement was fair and balanced, taking into account the interests of both parties. Consequently, the Commission approved the agreement, finding it to be in compliance with the relevant legislation. This decision ensures that the Human Rights Law Centre can implement the agreed terms and conditions for their staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established