The Onemda Association Inc
[2024] FWCA 1888
•23 MAY 2024
| [2024] FWCA 1888 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Onemda Association Inc
(AG2024/1603)
ONEMDA ENTERPRISE AGREEMENT 2023
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 23 MAY 2024 |
Application for approval of the Onemda Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Onemda Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer The Onemda Association Inc. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 31 May 2023 and the Agreement was made on 3 May 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Australian Education Union (AEU) and Health Services Union (HSU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement was approved on 23 May 2024 and, in accordance with s.54 of the Act, will operate from 30 May 2024. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
[1] 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 Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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