St John's Youth Services Inc

[2023] FWCA 2350

[2023] FWCA 2350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

St John's Youth Services Inc

(AG2023/2333)

ST JOHN’S YOUTH SERVICES ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 1 AUGUST 2023

Application for approval of the St John’s Youth Services Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the St John’s Youth Services Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St John's Youth Services Inc (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 20 July 2023.

1. There is one National Employment Standard (NES) issue that requires comment:

·  Clause 7.2.3 states ‘an employer and an employee or employees may, by agreement, substitute another day for a public holiday.’ S115 of the Act provides for public holiday substitution, however this clause appears to be between the employer and the individual employee only.

1. Clause 2.6 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clause will not apply to the extent it is inconsistent with the NES.

1. The Applicant has submitted an undertaking in the required form dated 25 June 2023. The undertaking deals with the following topics:

·  The Schedule 1 Wage Rates will be increased in July each year to remain equal to the Award Equal Remuneration Order rates of pay.

·  The rates of pay for Social & Community Employee Level 4.5 and Crisis Accommodation Employee Level 1.5 will also be increased to maintain the parity between pay points in these levels.

·  Despite clause 6.10.2, the overtime penalty rates will be calculated on the Casual Ordinary Hourly Rate, as defined in the Agreement at clause 2.4.12.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Australian Services Union, South Australia and Northern Territory Branch, 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 April 2026.

COMMISSIONER

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