Jesuit Social Services Limited

[2024] FWCA 2988

[2024] FWCA 2988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jesuit Social Services Limited

(AG2024/2383)

JESUIT SOCIAL SERVICES ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT BELL	MELBOURNE, 14 AUGUST 2024

Application for approval of the Jesuit Social Services Enterprise Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the Jesuit Social Services Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Jesuit Social Services Limited. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 23 August 2023 and the Agreement was made on 14 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. The employer has 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement was approved on 14 August 2024 and, in accordance with s.54, will operate from 21 August 2024. Notwithstanding clause 4.1 of the Agreement, the nominal expiry date of the Agreement is 13 August 2028.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

<AE525798  PR778301>