Somerville T/A Somerville Community Services Inc

[2024] FWCA 3304

[2024] FWCA 3304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Somerville T/A Somerville Community Services Inc

(AG2024/3160)

SOMERVILLE COMMUNITY SERVICES ENTERPRISE AGREEMENT 2024-2027

Social, community, home care and disability services
DEPUTY PRESIDENT O’KEEFFE	PERTH, 18 SEPTEMBER 2024

Application for approval of the Somerville Community Services Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Somerville Community Services Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Somerville T/A Somerville Community Services Inc (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 September 2023 and the Agreement was made on 8 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The United Workers Union, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings (Annexure A). I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. There was a slight difference between the name of the Agreement set out in the NERR and the name of the Agreement submitted for approval. I regard this as a minor technical error and have disregarded it pursuant to s.188(5) of the Act.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2024. The nominal expiry date of the Agreement is 25 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A: