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[2024] FWCA 4566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Max Lawson

(AG2024/4715)

CIVITAS GROUP (ACCOMMODATION) ENTERPRISE AGREEMENT 2024

Hospitality industry
COMMISSIONER CRAWFORD	SYDNEY, 18 DECEMBER 2024

Application for approval of the Civitas Group (Accommodation) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Civitas Group (Accommodation) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Max Lawson, who is a bargaining representative of the employers covered by the Agreement. The Agreement is a single enterprise agreement which covers the following four related employers:

·   Green HSA Pty Ltd
·   CHSA Pty Ltd
·   Black HSA Pty Ltd
·   Civitas Employment Services Pty Ltd

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 18 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Civitas Group to approve their proposed Enterprise Agreement for 2024. The Civitas Group, a significant player in the accommodation industry, sought the Commission's approval of the agreement which outlined the terms and conditions of employment for its employees. The application was contested by the Australian Council of Trade Unions (ACTU), which represented the interests of the employees.

The legal issues central to this case revolved around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Commission had to determine whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the Commission examined whether the agreement provided a fair and reasonable framework for resolving workplace disputes and included appropriate provisions for employee protections.

In its decision, the Fair Work Commission acknowledged the complex nature of the negotiations and the need for an agreement that balanced the interests of both the employer and employees. The Commission found that the proposed agreement did meet the better off overall test, as it provided for reasonable wage increases and included provisions for improved working conditions. Furthermore, the Commission was satisfied that the agreement included adequate mechanisms for resolving disputes and provided sufficient protections for employees. Consequently, the Commission approved the Civitas Group (Accommodation) Enterprise Agreement 2024.

The Fair Work Commission's approval of the agreement ensures that the Civitas Group can implement the terms and conditions set out in the agreement, providing a stable and predictable work environment for employees. The decision also sets a precedent for similar agreements in the accommodation industry, balancing the interests of employers and employees in a manner compliant with the Fair Work Act 2009.

Max Lawson

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Orders of the court

Background to the litigation

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Legal Principle Established