Independence Australia Group Limited T/A Independence Australia

Case •

[2024] FWCA 2860

•

2 AUGUST 2024
[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

  1. 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.

  1. 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

  1. 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

  1. 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

  1. 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.

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