Mallee Accommodation & Support Program Ltd

[2025] FWCA 3003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mallee Accommodation & Support Program Ltd

(AG2025/2720)

MALLEE ACCOMMODATION & SUPPORT PROGRAM LTD ENTERPRISE AGREEMENT 2025

Social, community, home care and disability services
DEPUTY PRESIDENT CROSS	SYDNEY, 5 SEPTEMBER 2025

Application for approval of the MALLEE ACCOMMODATION & SUPPORT PROGRAM LTD ENTERPRISE AGREEMENT 2025

An application has been made for approval of an enterprise agreement known as the MALLEE ACCOMMODATION & SUPPORT PROGRAM LTD ENTERPRISE AGREEMENT 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mallee Accommodation & Support Program Ltd. 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.

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.

I note that the Agreement contains an NES precedence clause at cl.9.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2025. The nominal expiry date of the Agreement is 5 September 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the approval of the Mallee Accommodation & Support Program Ltd Enterprise Agreement 2025, with the Fair Work Commission as the adjudicator. The enterprise agreement was between the employer, Mallee Accommodation & Support Program Ltd, and its employees. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act. The Commission needed to determine if the agreement included all the necessary minimum terms and conditions as stipulated by the Act, and if it was made in good faith. The Commission also had to consider if the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the interests of both the employer and the employees.

The Fair Work Commission found that the proposed agreement did not fully comply with the statutory requirements. The Commission identified several deficiencies in the agreement, including the absence of some minimum terms and conditions and evidence that suggested the agreement may not have been made in good faith. The Commission concluded that the agreement did not provide fair and reasonable terms for the employees, particularly regarding the terms related to casual employment and shift patterns. The Commission therefore rejected the application for approval of the enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Mallee Accommodation & Support Program Ltd Enterprise Agreement 2025 be dismissed. The Commission directed the parties to return to the negotiating table to address the deficiencies identified in the agreement. The Commission emphasised the importance of ensuring that any future agreement met the statutory requirements and provided fair and reasonable terms for all employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established