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

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Council for LGBTI Health Inc. sought approval of their Enterprise Agreement 2024. The application was made to the Fair Work Commission, the tribunal responsible for overseeing the agreement's compliance with Australian labour laws. The applicant argued that the agreement met all necessary criteria for approval, including fair terms and conditions of employment, and that it was made in good faith and without coercion.

The legal issues that the tribunal was required to decide included whether the agreement was genuinely negotiated, whether it complied with the requirements of the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The tribunal considered submissions from both the applicant and any other interested parties, including the employees represented by the Council.

In its decision, the tribunal found that the agreement was genuinely negotiated and met all the requirements of the Act. It also found that the terms and conditions were fair and reasonable, taking into account the specific needs of the LGBTI community. The tribunal noted that the agreement provided for appropriate pay and conditions, including provisions for flexible working arrangements and anti-discrimination protections. The tribunal approved the agreement, finding that it met all the necessary criteria for approval.

The tribunal's decision was final and binding, and the agreement came into effect on the date of approval. The tribunal's approval was necessary for the agreement to have legal effect, and without it, the agreement would not have been able to be enforced. The approval of the agreement was an important step in ensuring that the employees of the Queensland Council for LGBTI Health Inc. were able to access fair and reasonable terms and conditions of employment, and that the organisation was able to operate effectively and efficiently.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established