Independence Australia Group Limited T/A Independence Australia

[2024] FWCA 2860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independence Australia Group Limited T/A Independence Australia

(AG2024/2406)

INDEPENDENCE AUSTRALIA GROUP SERVICES ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER P RYAN	SYDNEY, 2 AUGUST 2024

Application for approval of the Independence Australia Group Services Enterprise Agreement 2024

Independence Australia Group Limited (Applicant) has made an application for approval of an enterprise agreement known as the Independence Australia Group Services Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

The Agreement is expressed to cover two related employers, namely the Applicant and Independence Solutions Ltd (Employers).[1] The Form F16 Application submitted stated that the Agreement was a Multi-Enterprise Agreement. However, an amended Form F16 Application was submitted, which I have allowed pursuant to s.586(a) of the FW Act.

Section 190 Undertakings

The Employers provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declarations, and the Statement of Principles,[2]

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 8 August 2024. The nominal expiry date of the Agreement is 31 May 2027.

COMMISSIONER

[1] See ss.172(2) and (5A) of the FW Act.

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Independence Australia Group Limited trading as Independence Australia, brought an application before the Fair Work Commission seeking approval of the Independence Australia Group Services Enterprise Agreement 2024. The application was made under section 233 of the Fair Work Act 2009. The agreement in question was intended to regulate the employment conditions of certain employees within the company's services division.

The central legal issue before the Commission was whether the agreement met the necessary requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement satisfied the provisions of section 230 of the Act, which outlines the criteria for a valid enterprise agreement. The key elements of the agreement that were scrutinised included the coverage of the agreement, the representation of the employees, and the compliance with the procedural and substantive requirements of the Act.

In considering these issues, the Commission examined the evidence provided by the applicants regarding the process by which the agreement was negotiated and the manner in which it was presented. The Commission found that the agreement had been appropriately negotiated and covered a defined group of employees. The Commission also noted the absence of any procedural irregularities and the compliance of the agreement with the substantive requirements of the Act. Based on this analysis, the Commission was satisfied that the agreement met all necessary criteria and was therefore approved.

Consequently, the Fair Work Commission approved the Independence Australia Group Services Enterprise Agreement 2024, confirming its validity and binding effect under the Fair Work Act. This decision ensures that the agreement will govern the employment conditions of the specified employees within Independence Australia's services division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established