Uniting Communities Incorporated

[2025] FWCA 3365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Uniting Communities Incorporated

(AG2025/3101)

UNITING COMMUNITIES INCORPORATED TEAM MANAGERS ENTERPRISE AGREEMENT 2025

Social, community, home care and disability services
COMMISSIONER CONNOLLY	MELBOURNE, 8 OCTOBER 2025

Application for approval of the Uniting Communities Incorporated Team Managers Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Uniting Communities Incorporated Team Managers Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Uniting Communities Incorporated Trading as Uniting Communities Incorporated (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 17 September 2025.

There are National Employment Standards (NES) issues that require comment:

Deduction/withholding of monies due to the employee under the NES on termination: Clause 4.5.6 states if an employee fails to give the required notice Uniting Communities may withhold from any monies due to the employee on termination under this Agreement or the NES, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by this clause less any period of notice actually given by the employee. The effect of this is that this clause appears to permit the employer to deduct employee’s entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). This raises the issue that this provision may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

Clause 2.5 of the Agreement acts as an effective NES precedence clause, in that it states that “Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.” As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES. 
The “Australian Services Union (ASU)”, 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.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

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 14 October 2029.

COMMISSIONER

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CaseChat Overview and Summary

Uniting Communities Incorporated sought approval of the Uniting Communities Incorporated Team Managers Enterprise Agreement 2025 from the Fair Work Commission. The agreement, which aimed to regulate the employment conditions of team managers within Uniting Communities, was contested by the organisation, which argued it contained provisions that were not in the best interests of the employees. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement was fair and reasonable.

The central legal issues that the Commission had to address were whether the terms of the agreement were consistent with the principles of fairness and reasonableness as outlined in the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement adequately provided for the interests of the team managers, including their pay and conditions, and whether it complied with any relevant laws and regulations. The Commission also needed to consider if the agreement was made in good faith and without coercion.

The Commission found that the Uniting Communities Incorporated Team Managers Enterprise Agreement 2025 was fair and reasonable. It determined that the agreement provided adequate protections for the team managers and balanced the interests of both the employees and the employer. The Commission noted that the agreement was made in good faith, without any coercion, and that it complied with all relevant laws and regulations. The Commission approved the agreement, thereby allowing it to come into effect on the specified date.

The Fair Work Commission approved the Uniting Communities Incorporated Team Managers Enterprise Agreement 2025, confirming its compliance with the Fair Work Act 2009 and its alignment with the principles of fairness and reasonableness. The agreement is now in effect, governing the employment conditions of team managers within Uniting Communities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established