Northside Community Service Limited

[2022] FWCA 3656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northside Community Service Limited

(AG2022/4175)

Northside Community Service Enterprise Agreement 2022

Children’s services
DEPUTY PRESIDENT DEAN	CANBERRA, 20 OCTOBER 2022

Application for approval of the Northside Community Service Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Northside Community Service Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northside Community Service Limited (Employer). 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.

I note that the provisions of clause 47 (Personal/Carer’s Leave), clause 49 (Compassionate Leave) and clause 71 (Notice of Termination) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 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.

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.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 27 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Northside Community Service Limited, sought approval of an enterprise agreement from the Fair Work Commission. The application was opposed by a number of employees represented by the Health Services Union of Australia. The dispute centred around the terms and conditions of employment set forth in the proposed enterprise agreement, particularly those relating to pay rates, shift penalties, and the classification of employees. The matter was heard in the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act, whether it met the requirements for being a "better off overall test" agreement, and whether it was consistent with relevant industrial instruments. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the proposed agreement met the statutory requirements and was consistent with the relevant industrial instruments. It determined that the agreement provided for a fair and reasonable outcome for both parties, including appropriate pay rates and conditions. The Commission was satisfied that the agreement passed the better off overall test, as it provided a net benefit to the employees when compared to the existing conditions. The Commission approved the application and accepted the agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Northside Community Service Enterprise Agreement 2022, which became effective from the date of the Commission's decision. The agreement now governs the terms and conditions of employment for the employees of Northside Community Service Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established