Iudita Trifa-Schmidt

[2024] FWCA 2213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Iudita Trifa-Schmidt

(AG2024/1955)

OUT DOORS INCORPORATED ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JUNE 2024

Application for approval of the Out Doors Incorporated Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Out Doors Incorporated Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iudita Trifa-Schmidt. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 May 2024 and the Agreement was made on 28 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 13 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iudita Trifa-Schmidt brought an application before the Fair Work Commission (FWC) seeking approval of the Out Doors Incorporated Enterprise Agreement 2024. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The respondent, Out Doors Incorporated, did not contest the application, but raised concerns about certain provisions of the agreement, particularly those relating to employee entitlements and working conditions.

The court was required to determine whether the agreement complied with the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it was free from any discriminatory provisions, and whether it complied with the procedural requirements for the negotiation and approval of enterprise agreements. Additionally, the court had to consider the submissions of the respondent and any relevant evidence presented.

In its decision, the FWC found that the agreement met the necessary criteria for approval. The court noted that the agreement provided for fair and reasonable terms and conditions, and that it did not contain any discriminatory provisions. The court also found that the agreement complied with the procedural requirements for the negotiation and approval of enterprise agreements. The respondent's concerns were addressed and resolved through amendments to the agreement. As a result, the FWC approved the agreement, subject to the conditions and modifications made during the hearing.

The FWC ordered that the Out Doors Incorporated Enterprise Agreement 2024 be approved, subject to the modifications made during the hearing. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Out Doors Incorporated from the date of approval. The court also ordered that the respondent take all necessary steps to give effect to the approved agreement, including by providing notice of the agreement to its employees and implementing any necessary changes to its policies and practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established