| [2023] FWCA 1539 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St Vincent De Paul Society (Canberra/Goulburn) Incorporated
(AG2023/1251)
ST VINCENT DE PAUL SOCIETY CANBERRA/GOULBURN ENTERPRISE AGREEMENT 2023
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 30 MAY 2023 |
Application for approval of the St Vincent de Paul Society Canberra/Goulburn Enterprise Agreement 2023.
St Vincent De Paul Society (Canberra/Goulburn) Incorporated (the Employer) has made an application for the approval of the St Vincent de Paul Society Canberra/Goulburn Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The Shop, Distributive and Allied Employees Association (SDA) was a bargaining representative for the Agreement and 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 SDA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2023. The nominal expiry date of the Agreement is 6 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520162 PR762607>
Annexure A
- AGLC
- St Vincent De Paul Society (Canberra/Goulburn) Incorporated [2023] FWCA 1539
- Case
- [2023] FWCA 1539
- Decision Date
CaseChat Overview and Summary
The Commission considered whether the agreement complied with the statutory requirements, including the provision of a minimum 5% increase in wages and the preservation of existing terms and conditions unless otherwise agreed. The Commission also examined whether the agreement was made in good faith and whether it provided for a fair and reasonable outcome for the employees. After reviewing the submissions and evidence, the Commission found that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission approved the agreement, noting that it provided for a 5% increase in wages and maintained the existing terms and conditions, with some exceptions that were deemed reasonable and necessary. The Commission also found that the agreement was made in good faith and that the parties had engaged in genuine bargaining.
The Fair Work Commission approved the St Vincent de Paul Society Canberra/Goulburn Enterprise Agreement 2023, finding that it met the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission noted that the agreement provided for a 5% increase in wages and maintained the existing terms and conditions, with some exceptions that were deemed reasonable and necessary. The Commission also found that the agreement was made in good faith and that the parties had engaged in genuine bargaining.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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