Melba Support Services Australia Ltd Summary

[2024] FWCA 4008

The attached document replaces the document previously issued with the above code on 18 November 2024

Undertakings 4 and 5 contained highlighted phrases. These have been removed.

Associate to Deputy President Cross

Dated 18 November 2024.

[2024] FWCA 4008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Melba Support Services Australia Ltd

(AG2024/3907)

MELBA SUPPORT SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2025

Social, community, home care and disability services
DEPUTY PRESIDENT CROSS	SYDNEY, 18 NOVEMBER 2024

Application for approval of the Melba Support Services Australia Enterprise Agreement 2024 - 2025

An application has been made for approval of an enterprise agreement known as the Melba Support Services Australia Enterprise Agreement 2024 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melba Support Services Australia 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.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Social, Community, Home Care, and Disability Services Industry Award 2010 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.3.2.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Health 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 25 November 2024. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Melba Support Services Australia Ltd to approve the Melba Support Services Australia Enterprise Agreement 2024-2025. The dispute centred on the terms and conditions of employment, including wages, working conditions, and other benefits for employees within the company. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it met the "better off overall test".

The central legal issue for the Commission was to ascertain whether the proposed enterprise agreement provided employees with a better overall package of wages and conditions than they would have received under the applicable award or safety net. This required an examination of the agreement's provisions against the statutory criteria set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement ensured that employees were not worse off than they would be under the relevant award or safety net, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement met the statutory requirements for approval. It determined that the proposed terms and conditions of employment would not render employees worse off overall and that the agreement provided for fair and reasonable terms. The Commission also noted that the agreement included provisions for consultation and dispute resolution mechanisms, which were deemed to be appropriate and adequate. Therefore, the Commission approved the Melba Support Services Australia Enterprise Agreement 2024-2025, finding that it complied with the relevant legislative framework.

The Fair Work Commission approved the enterprise agreement, confirming its compliance with the statutory requirements and its provision of fair and reasonable terms and conditions of employment. The agreement was thus deemed to be valid and enforceable under the Fair Work Act 2009.

Melba Support Services Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established