MADEC Australia Summary

[2022] FWCA 35

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MADEC Australia
(AG2021/8761)

MADEC AUSTRALIA (MADEC) SINGLE ENTERPRISE AGREEMENT 2021-2024

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2022

Application for approval of the MADEC Australia (MADEC) Single Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the MADEC Australia (MADEC) Single Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MADEC Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 7.3 and 6.12.5 are inconsistent with the National Employment Standards. The Applicant has addressed this as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2022. The nominal expiry date of the Agreement is 6 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, MADEC Australia, sought approval for their Single Enterprise Agreement 2021-2024, which was to govern the terms of employment for their employees. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the procedural requirements set out in the Act.

The Commission examined the fairness and appropriateness of the proposed agreement, considering factors such as the nature of the bargaining process, the extent of employee consultation, and the reasonableness of the terms and conditions. It also evaluated whether the agreement met the "better off overall test," which required that the proposed agreement be at least as good as the existing conditions of employment or the relevant national award. The Commission was mindful of the need to ensure that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

After a thorough analysis of the evidence and submissions presented, the Commission found that the MADEC Australia Single Enterprise Agreement 2021-2024 met the necessary criteria for approval. The Commission was satisfied that the agreement was fair and appropriate, and that it provided a balanced outcome for both the employees and the employer. The Commission concluded that the agreement complied with the procedural requirements of the Act, and that it was better off overall for the employees. Accordingly, the Commission approved the agreement under section 234 of the Fair Work Act.

MADEC Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established