Ngala Children's Services
[2024] FWCA 4681
•24 DECEMBER 2024
| [2024] FWCA 4681 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ngala Children's Services
(AG2024/4571)
NGALA CHILDREN’S SERVICES ENTERPRISE AGREEMENT 2024
| Children's services | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 24 DECEMBER 2024 |
Application for approval of the NGALA CHILDREN’S SERVICES ENTERPRISE AGREEMENT 2024
An application has been made for approval of an enterprise agreement known as the NGALA CHILDREN’S SERVICES ENTERPRISE AGREEMENT 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ngala Children's Services (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 June 2024 and the Agreement was made on 5 November 2024 Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
During the assessment process a potential BOOT issue was identified with respect to shift workers performing early morning and night shifts. I raised this issue with the Applicant and based on the submissions received I am satisfied that there are no employees currently working such shifts and it is not reasonably foreseeable that employees will work such shifts during the life of the Agreement. As such, I regard this concern as resolved.
The Applicant has provided written undertakings (Annexure 1). 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
In addition to the application for approval, the Applicant made application for me to correct an obvious error in clause 9.25 of the Agreement. The error was an obvious mathematical error and I have corrected it pursuant to s.586 of the Act. The corrected version of the clause appears in the text of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 24 December 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527433 PR782842>
Annexure 1:
0
0
0