Karingal St Laurence Limited T/A GenU Summary

[2024] FWCA 2675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Karingal St Laurence Limited T/A GenU

(AG2024/2290)

GENU EMPLOYMENT SERVICES ENTERPRISE AGREEMENT 2023 - 2026

Industries not otherwise assigned
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 JULY 2024

Application for approval of the genU Employment Services Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the genU Employment Services Enterprise Agreement 2023 - 2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Karingal St Laurence Limited T/A GenU (Employer). The Agreement is a single enterprise agreement.

The title of the Agreement in the Notice of Employee Representational Rights (NERR) issued by the Employer incorrectly omits the word “genU” in the title of the Agreement and refers to “Service” rather than “Services”. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5) of the Act.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

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

The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 July 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Karingal St Laurence Limited trading as genU, sought approval of the genU Employment Services Enterprise Agreement 2023 - 2026. The dispute centred around the terms and conditions of employment for the employees covered by this agreement. The commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and was fair and reasonable for the employees.

The primary legal issues that the commission had to address were whether the agreement met the requirements of a 'good faith' bargaining as per the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The commission had to consider the evidence presented by both parties regarding the nature of the negotiations, the process followed, and the fairness of the terms proposed in the agreement.

The commission found that the applicant had engaged in good faith bargaining and that the terms of the proposed agreement were fair and reasonable. The evidence indicated that the applicant had made a genuine effort to reach an agreement with the employees and that the terms of the agreement reflected the economic circumstances of the business. The commission concluded that the agreement was in the best interests of the employees and approved it. The decision emphasised the importance of fair and reasonable terms and conditions of employment and the need for genuine bargaining efforts by employers.

The final orders included the approval of the genU Employment Services Enterprise Agreement 2023 - 2026, subject to the conditions outlined in the decision. The commission also directed that the agreement be registered with the Fair Work Commission and that the applicant take all necessary steps to ensure compliance with the agreement and the Fair Work Act.

Karingal St Laurence Limited T/A GenU

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established