Uniting Communities Incorporated

[2025] FWCA 3365

[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

1. 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.

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

1. 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.

1. 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. 

2. 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.

1. 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.

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 14 October 2029.

COMMISSIONER

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