Noah's Ark Inc Summary

[2025] FWCA 2215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Noah’s Ark Inc

(AG2025/1912)

NOAH’S ARK ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 JULY 2025

Application for approval of the Noah’s Ark Enterprise Agreement 2024

Introduction

Noah’s Ark Inc (Employer) has made an application for approval of an enterprise agreement known as the Noah’s Ark Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix 2 to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Health Services Union (HSU) and the Australian Education Union (AEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the HSU and the AEU.

Approval

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 July 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Noah's Ark Inc, an entity seeking approval for a proposed enterprise agreement. The application was heard in the Fair Work Commission, the tribunal responsible for regulating workplace relations in Australia. The primary dispute centred on whether the proposed agreement met the necessary legal standards for approval, particularly concerning the balance of rights and obligations between employers and employees as stipulated by the Fair Work Act 2009.

The key legal issues before the court were whether the proposed enterprise agreement provided fair terms and conditions for employees, including adequate protection of employee rights, and whether the process through which the agreement was negotiated and agreed upon was compliant with the legal requirements. Specifically, the court needed to assess whether the agreement was made in good faith, whether it was genuinely negotiated, and if it was fair and reasonable in the context of the employees’ needs and the operational requirements of the business.

In delivering its decision, the Fair Work Commission considered the principles of good faith bargaining and the necessity for the agreement to meet the standards of fairness and reasonableness. The court examined the negotiation process, the content of the agreement, and its implications for both the employees and the employer. After a thorough analysis, the Commission found that the proposed agreement did indeed meet the legal requirements for approval. The agreement was deemed to be negotiated in good faith and provided terms and conditions that were fair and reasonable for the employees, balancing their needs with the operational needs of Noah's Ark Inc.

Consequently, the Fair Work Commission approved the Noah’s Ark Enterprise Agreement 2024. This decision signifies that the agreement is now legally binding and enforceable under the Fair Work Act. The approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Noah's Ark Inc and its employees moving forward.

Noah's Ark Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established