Prelude Australia Early Childhood And Therapy Supports Limited.

[2024] FWCA 2659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prelude Australia Early Childhood And Therapy Supports Limited.

(AG2024/2260)

PRELUDE AUSTRALIA ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JULY 2024

Application for approval of the Prelude Australia Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Prelude Australia Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 July 2024. The nominal expiry date of the Agreement is 16 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prelude Australia Early Childhood And Therapy Supports Limited sought approval for the Prelude Australia Enterprise Agreement 2024 before the Fair Work Commission. The application involved the terms and conditions of employment for workers within the company, focusing on wages, working hours, leave entitlements, and other employment-related matters. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The Fair Work Commission was tasked with assessing the fairness and reasonableness of the agreement under the statutory framework.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements under section 231 of the Fair Work Act and whether it was an 'appropriate agreement' that should be approved. The Commission had to examine if the agreement provided for a safety net of minimum entitlements, promoted productivity, sustainability, and economic prosperity, and if it contained no terms that were less favourable than the relevant award or the national system of employment. Additionally, the Commission assessed if the agreement was made in good faith and if it had been properly negotiated.

The Fair Work Commission found that the Prelude Australia Enterprise Agreement 2024 complied with the statutory requirements and was in the best interests of the employees. The Commission determined that the agreement provided for a safety net of minimum entitlements and promoted productivity and sustainability. The terms were considered fair and reasonable, and the negotiation process was deemed to be in good faith. The Commission approved the agreement, recognising its alignment with the legislative objectives and its benefits for both the employees and the employer.

The Fair Work Commission approved the Prelude Australia Enterprise Agreement 2024, effective from 1 April 2024. The decision confirmed that the agreement met all statutory requirements and was fair and reasonable for the employees. The Commission's approval was based on the comprehensive evaluation of the agreement's compliance with the Fair Work Act and its alignment with the objectives of promoting productivity, sustainability, and economic prosperity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established