Mosaic Support Services

[2023] FWCA 1300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mosaic Support Services

(AG2023/1099)

MOSAIC SUPPORT SERVICES & HACSU ENTERPRISE AGREEMENT 2022 - 2026

Social, community, home care and disability services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 8 MAY 2023

Application for approval of the Mosaic Support Services & HACSU Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Mosaic Support Services & HACSU Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mosaic Support Services. The Agreement is a single enterprise agreement.

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

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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 10 - Redundancy.

However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2023. The nominal expiry date of the Agreement is 1 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, an application was made by Mosaic Support Services and the Health Administration and Community Services Union (HACSU) for the approval of their enterprise agreement for the period 2022 to 2026. The application sought to establish terms and conditions of employment for the employees of Mosaic Support Services who are members of HACSU. The Commission was tasked with assessing the application to determine if the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, including ensuring it provided for the protection of employees' rights and interests. This involved examining if the agreement met the procedural requirements for its approval and if it contained any terms that were contrary to the public interest or failed to meet the “better off overall test” (BOOT). The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission found that the enterprise agreement complied with the statutory requirements of the Fair Work Act. It confirmed that the agreement was negotiated in good faith and met the procedural requirements for approval. The Commission assessed that the terms and conditions provided for in the agreement were fair and reasonable and did not include any terms that were contrary to the public interest. Importantly, the Commission determined that the agreement was likely to be better off overall for the employees, meeting the BOOT. Based on this assessment, the Commission approved the Mosaic Support Services & HACSU Enterprise Agreement 2022-2026, effective from the date of the decision.

The Fair Work Commission approved the Mosaic Support Services & HACSU Enterprise Agreement 2022-2026, effective from the date of the decision. The approval signifies that the agreement is legally binding between the parties and provides a framework for the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established