Justice And Equity Centre Limited T/A Justice And Equity Centre Limited Summary

[2024] FWCA 4639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Justice And Equity Centre Limited T/A Justice And Equity Centre Limited

(AG2024/4852)

JUSTICE AND EQUITY CENTRE LIMITED ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER P RYAN	SYDNEY, 23 DECEMBER 2024

Application for approval of the Justice and Equity Centre Limited Enterprise Agreement 2024

Justice and Equity Centre Limited (Employer) has made an application for approval of an enterprise agreement known as the Justice and Equity Centre Limited Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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 declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the ASU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 December 2024. The nominal expiry date of the Agreement is 23 December 2028.

COMMISSIONER

Annexure A

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Justice and Equity Centre Limited trading as Justice and Equity Centre Limited, applied to the Fair Work Commission for approval of the Justice and Equity Centre Limited Enterprise Agreement 2024. The applicant sought to have the agreement, which was negotiated with the union representing the employees, approved under the Fair Work Act 2009. The primary concern was to ensure the agreement met the legislative requirements and was fair and reasonable for both parties.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it met the procedural requirements for approval, and whether the terms and conditions were fair and reasonable. The Commission had to consider whether the applicant had genuinely negotiated the agreement with the union, whether the agreement was properly presented and explained to the employees, and whether the terms and conditions were fair and reasonable for both parties involved.

The Commission found that the applicant had genuinely negotiated the agreement with the union and that the agreement met the procedural requirements for approval. The Commission considered the evidence presented by both parties and concluded that the agreement was fair and reasonable. The Commission noted the efforts made by the applicant to ensure the agreement was explained to the employees and the union's role in facilitating the negotiation process. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees.

The Fair Work Commission approved the Justice and Equity Centre Limited Enterprise Agreement 2024, finding that it met all the necessary criteria for approval under the Fair Work Act 2009. The Commission's decision was based on the evidence of genuine negotiation, procedural fairness, and the reasonableness of the terms and conditions of the agreement.

Justice And Equity Centre Limited T/A Justice And Equity Centre Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established