Safe and Equal Inc T/A Safe and Equal Summary

[2024] FWCA 509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Safe and Equal Inc T/A Safe and Equal

(AG2024/189)

SAFE AND EQUAL INC ENTERPRISE AGREEMENT 2024 TO 2026

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 5 FEBRUARY 2024

Application for approval of the Safe and Equal Inc Enterprise Agreement 2024 to 2026

An application has been made for approval of an enterprise agreement known as the Safe and Equal Inc Enterprise Agreement 2024 to 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Safe and Equal Inc T/A Safe and Equal. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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 12 February 2024. The nominal expiry date of the Agreement is 4 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Safe and Equal Inc, trading as Safe and Equal, applied for the approval of the Safe and Equal Inc Enterprise Agreement 2024 to 2026. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the criteria for approval, including whether it was made in good faith and provided for a fair and efficient workplace.

The Commission considered whether the agreement contained all the mandatory terms prescribed by the Act, whether it was made without coercion, and whether it was reasonably capable of promoting the objectives of the Act, including the protection of employees' rights. Safe and Equal argued that the agreement was the result of genuine negotiations and provided for a fair and efficient workplace. The Commission found that the agreement did meet the criteria for approval, as it included all the mandatory terms, was made without coercion, and was reasonably capable of promoting the objectives of the Act.

The Commission approved the Safe and Equal Inc Enterprise Agreement 2024 to 2026, finding that it met the criteria for approval under the Fair Work Act. The agreement was found to be the result of genuine negotiations, contained all the mandatory terms, and was reasonably capable of promoting the objectives of the Act. The Commission also found that the agreement was made without coercion and provided for a fair and efficient workplace. The orders made by the Commission approved the agreement, which will now be binding on the parties for the period specified in the agreement.

Safe and Equal Inc T/A Safe and Equal

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established