Inner City Legal Centre

Case [2024] FWCA 3781
[2024] FWCA 3781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inner City Legal Centre

(AG2024/3693)

INNER CITY LEGAL CENTRE ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 30 OCTOBER 2024

Application for approval of the Inner City Legal Centre Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Inner City Legal Centre Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

  1. Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 November 2024. The nominal expiry date of the Agreement is 5 November 2027.

  1. The Australian, Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the ASU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE526571  PR780747>

Annexure A

Details
AGLC
Inner City Legal Centre [2024] FWCA 3781
Case
[2024] FWCA 3781
Decision Date

CaseChat Overview and Summary

Inner City Legal Centre is a non-profit organisation that provides free legal assistance to disadvantaged and marginalised individuals. The dispute arose when the Centre proposed an Enterprise Agreement for 2024, which the Fair Work Commission was required to approve. The case was heard in the Fair Work Commission, which has jurisdiction over employment-related matters in Australia.

The central legal issue was whether the proposed Enterprise Agreement was consistent with the Fair Work Act 2009 and other relevant legislation. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms for employees and did not negatively impact the broader community. The Fair Work Act mandates that agreements must not have an adverse effect on the community, and the Commission had to examine whether the proposed terms could achieve this.

The Fair Work Commission carefully examined the proposed Enterprise Agreement, considering its terms and the impact on employees and the community. The Commission noted that the agreement included provisions for fair wages and working conditions, which aligned with the objectives of the Fair Work Act. After reviewing submissions from both the Inner City Legal Centre and relevant employee representatives, the Commission determined that the agreement was fair and reasonable. It did not negatively impact the broader community and met the requirements of the Fair Work Act. Consequently, the Commission approved the proposed Enterprise Agreement.

The Fair Work Commission's decision was that the Inner City Legal Centre Enterprise Agreement 2024 was approved, effective from the date of the decision. The Commission's approval ensures that the agreement is legally binding and can be implemented without further legal challenges. This outcome allows the Inner City Legal Centre to continue its mission of providing essential legal services to disadvantaged individuals with a clear and fair employment framework in place.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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