Queensland Council For LGBTI Health Inc. T/A Queensland Council For LGBTI Health

[2025] FWCA 112

[2025] FWCA 112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Council For LGBTI Health Inc. T/A Queensland Council For LGBTI Health

(AG2024/5120)

QUEENSLAND COUNCIL FOR LGBTI HEALTH INC. ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 13 JANUARY 2025

Application for approval of the Queensland Council for LGBTI Health Inc. Enterprise Agreement 2024

1. Queensland Council For LGBTI Health Inc. T/A Queensland Council For LGBTI Health (the Employer) has applied for approval of an enterprise agreement known as the Queensland Council for LGBTI Health Inc. Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 25 October 2024 and the Agreement was made on 5 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ASU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from

   
   20 January 2025. The nominal expiry date of the Agreement is 13 January 2029.

COMMISSIONER

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