MacKillop Family Services Limited T/A MacKillop Family Services

[2023] FWCA 648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MacKillop Family Services Limited T/A MacKillop Family Services

(AG2022/5614)

MacKillop Family Services Enterprise Agreement 2022

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the MacKillop Family Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the MacKillop Family Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MacKillop Family Services Limited T/A MacKillop Family Services. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by MacKillop Family Services Limited, trading as MacKillop Family Services, seeking approval of the MacKillop Family Services Enterprise Agreement 2022. The agreement aimed to establish the terms and conditions of employment for employees within the organisation. The application was opposed by the Australian Services Union, representing some of the employees.

The primary legal issues before the commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The commission had to consider the fairness of the agreement, particularly in light of the application for its approval under section 233 of the Fair Work Act.

The commission found that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act. The commission considered various factors, including the nature of the enterprise, the bargaining positions of the parties, and the terms and conditions proposed in the agreement. The commission determined that the agreement provided for a fair balance between the interests of the employer and the employees, taking into account the specific circumstances of the organisation and its workforce. Consequently, the commission approved the MacKillop Family Services Enterprise Agreement 2022.

The final orders of the commission were that the MacKillop Family Services Enterprise Agreement 2022 be approved, effective from 1 March 2022, and that the agreement be registered by the Fair Work Commission. The agreement was to apply to all employees covered by the agreement, subject to the terms and conditions outlined in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established