| [2022] FWCA 1248 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St Giles Society Ltd
(AG2022/916)
St Giles Society Ltd. Support Services Enterprise Agreement 2022
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 8 APRIL 2022 |
Application for the approval of the St Giles Society Ltd. Support Services Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the St Giles Society Ltd. Support Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Giles Society Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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 Health 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), the Commission notes that the Agreement covers this organisation.
The Agreement lodged contained drafting and typographical errors at clauses 15(b)(ii), 20(b) and 23. The Employer sought to correct the errors and filed amended Agreement pages. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 14 April 2025.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- St Giles Society Ltd [2022] FWCA 1248
- Case
- [2022] FWCA 1248
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to decide were whether the proposed agreement complied with the statutory provisions of the Fair Work Act and whether it was in the best interests of the employees and the employer. This included assessing if the agreement was appropriately negotiated and if it contained terms that were fair and reasonable in all respects. The court also needed to consider the views of the parties involved and any relevant stakeholders.
The Fair Work Commission determined that the Support Services Enterprise Agreement 2022 met the legislative requirements and was fair and reasonable. The Commission noted that the agreement was the result of good faith negotiations and that it provided for appropriate terms and conditions of employment. The Commission also considered the impact of the agreement on the employees and the employer, concluding that it was in the best interests of both parties. Consequently, the Commission approved the agreement.
The Fair Work Commission's decision was that the Support Services Enterprise Agreement 2022 be approved. The court ordered that the agreement be registered with the Fair Work Commission, thereby making it binding on the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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