Linked Community Services Limited

[2022] FWCA 4285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linked Community Services Limited

(AG2022/4564)

LINKED COMMUNITY SERVICES LIMITED ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 6 DECEMBER 2022

Application for approval of the Linked Community Services Limited Enterprise Agreement 2022

Linked Community Services Limited (Employer) has made an application for approval of an enterprise agreement known as the Linked Community Services Limited Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

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.

Section 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 as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 6 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Linked Community Services Limited Enterprise Agreement 2022. The applicant, Linked Community Services Limited, sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees covered by the agreement. The court had to determine whether the agreement met the requirements for approval under the Fair Work Act.

The primary legal issue was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The applicant argued that the agreement had been negotiated in good faith and contained all the necessary provisions to be considered fair and reasonable. The Fair Work Commission had to assess the agreement against the statutory criteria, including whether it provided for the minimum terms and conditions, allowed for the fair treatment of employees, and included provisions for the protection of vulnerable workers.

The Fair Work Commission found that the agreement was negotiated in good faith and contained all the necessary provisions to be considered fair and reasonable. The Commission was satisfied that the agreement met the procedural and substantive requirements under the Fair Work Act. The agreement provided for the minimum terms and conditions, allowed for the fair treatment of employees, and included provisions for the protection of vulnerable workers. The Commission determined that the agreement was in the best interests of the employees and approved it under section 234 of the Fair Work Act.

The Fair Work Commission approved the Linked Community Services Limited Enterprise Agreement 2022, effective from 1 April 2022. The agreement was set to apply to employees who were covered by the agreement, providing them with the terms and conditions of employment as outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established