Queensland Council Of Social Service Ltd T/A Queensland Council Of Social Service Ltd

[2023] FWCA 2921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Council Of Social Service Ltd T/A Queensland Council Of Social Service Ltd

(AG2023/2962)

QCOSS/THE SERVICES UNION ENTERPRISE BARGAINING AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 SEPTEMBER 2023

Application for approval of the QCOSS/The Services Union Enterprise Bargaining Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the QCOSS/The Services Union Enterprise Bargaining Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Queensland Council Of Social Service Ltd T/A Queensland Council Of Social Service Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 11 September 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Social, Community, Home Care and Disability Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2023. The nominal expiry date of the Agreement is 12 September 2027.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the QCOSS/The Services Union Enterprise Bargaining Agreement 2023. The Queensland Council of Social Service Ltd (QCOSS) and The Services Union were the parties seeking approval. The dispute centred around whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the bargaining agreement complied with the procedural requirements and substantive provisions of the Fair Work Act, including whether it met the ‘better off overall test’ (BOOT) and did not unfairly discriminate against any employees. The court also had to determine whether the agreement was consistent with the national minimum standards and the public interest.

The Fair Work Commission found that the agreement was procedurally valid as it had been negotiated in good faith and covered the appropriate bargaining period. The agreement was also substantively sound, as it provided for terms and conditions that were at least as good as the applicable national minimum standards and passed the BOOT. The Commission noted that the agreement included provisions for wage increases and improvements in working conditions, which were deemed fair and reasonable. Furthermore, the Commission concluded that the agreement did not unfairly discriminate against any group of employees and was consistent with the public interest.

In light of the findings, the Fair Work Commission approved the QCOSS/The Services Union Enterprise Bargaining Agreement 2023. The decision confirmed the agreement as a legally binding document between QCOSS and The Services Union, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established