Supported Care Pty Ltd T/A Supported Care Summary

[2025] FWCA 526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Supported Care Pty Ltd T/A Supported Care

(AG2025/132)

CIVITAS GROUP (SUPPORT SERVICES) ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER HUNT	BRISBANE, 10 FEBRUARY 2025

Application for approval of the Civitas Group (Support Services) Enterprise Agreement 2024

Supported Care Pty Ltd T/A Supported Care (the Applicant) has applied for approval of an enterprise agreement known as the Civitas Group (Support Services) Enterprise Agreement 2024 (the Agreement). The employers covered by the Agreement are the Applicant, Civitas Employment Services Pty Ltd and Civitas Services Pty Ltd (the Employers). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 October 2024 and the Agreement was made on 15 January 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers have provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the Employers, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2025. The nominal expiry date of the Agreement is 10 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Supported Care Pty Ltd, trading as Supported Care, was the subject of an application to the Fair Work Commission to approve the Civitas Group (Support Services) Enterprise Agreement 2024. The dispute revolved around whether the proposed agreement adequately addressed the terms and conditions of employment for workers within the supported care industry, including provisions on wages, hours, and other employment-related matters. The Fair Work Commission was tasked with assessing the fairness and compliance of the agreement with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, whether it was free from inappropriate provisions, and whether it was procedurally sound in its creation. The Commission had to ensure that the agreement complied with the Fair Work Act and represented a fair and reasonable agreement for the employees involved. Additionally, the Commission needed to consider the views and submissions of various stakeholders, including the employer and the employees' representatives.

The Fair Work Commission found that the Civitas Group (Support Services) Enterprise Agreement 2024 met the legislative requirements for approval. The Commission determined that the agreement provided a safety net of minimum wages and conditions, contained no inappropriate provisions, and was made in accordance with the procedural fairness standards outlined in the Fair Work Act. The Commission considered the evidence and submissions presented by both parties and was satisfied that the agreement was fair and reasonable for the employees covered by it. As such, the Commission approved the agreement, paving the way for its implementation.

In summary, the Fair Work Commission approved the Civitas Group (Support Services) Enterprise Agreement 2024, finding it to be compliant with the Fair Work Act and fair for the employees involved. The Commission's decision ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment within the supported care industry.

Supported Care Pty Ltd T/A Supported Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established