Oxfam Australia Summary

[2023] FWCA 1356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oxfam Australia

(AG2023/1064)

OXFAM AUSTRALIA AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2023-2026

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 11 MAY 2023

Application for approval of the Oxfam Australia and Australian Services Union Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Oxfam Australia and Australian Services Union Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oxfam Australia. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and 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 18 May 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Oxfam Australia and the Australian Services Union, sought approval of their Enterprise Agreement 2023-2026. The application was before the Fair Work Commission. The primary dispute centred on whether the proposed terms of the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the applicants sought to ensure that the terms of the agreement were consistent with the principles of fairness and did not adversely affect the employees' rights and entitlements.

The court needed to determine whether the agreement met the criteria for approval under the Fair Work Act. This involved examining the provisions of the agreement against the statutory framework and assessing whether they provided for fair and reasonable terms. Key issues included the adequacy of the agreement in addressing minimum entitlements, the balance of rights and obligations between the parties, and the overall fairness of the proposed terms.

In reaching its decision, the court considered the nature and scope of the proposed agreement, the submissions made by the applicants, and the implications for the employees. The court found that the agreement did not include terms that were contrary to the Fair Work Act and that it was fair and reasonable in all respects. The applicants had demonstrated that the proposed terms were consistent with the principles of fairness and did not adversely affect the employees' rights and entitlements. As such, the court approved the Enterprise Agreement 2023-2026.

The Fair Work Commission approved the Enterprise Agreement 2023-2026, finding that it met the requirements of the Fair Work Act. The agreement was deemed fair and reasonable, with no terms that contravened the statutory framework. The decision provides certainty to the parties and ensures that the employees' rights and entitlements are protected.

Oxfam Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established