W.A. Council On Addictions Incorporated Trading As Cyrenian House Trading AS Cyrenian House
[2025] FWCA 1049
•27 MARCH 2025
| [2025] FWCA 1049 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
W.A. Council On Addictions Incorporated Trading As Cyrenian House Trading AS Cyrenian House
(AG2025/643)
CYRENIAN HOUSE AGREEMENT 2025-2028
| Health and welfare services | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 27 MARCH 2025 |
Application for approval of the Cyrenian House Agreement 2025-2028
An application has been made for approval of an enterprise agreement known as the Cyrenian House Agreement 2025-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by W.A. Council On Addictions Incorporated Trading As Cyrenian House Trading AS Cyrenian House (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 October 2024 and the Agreement was made on 26 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (Annexure A). 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.
A potential BOOT issue arose with respect to casual teachers and their minimum engagement. The Applicant advises and I accept that there are no casual teachers currently employed and it is not reasonably foreseeable that any casual teachers will be employed during the life of the Agreement. As such I am satisfied that this BOOT issue does not arise.
A further potential BOOT issue arose with respect to employees in positions covered by the Restaurant Industry Award 2020 if such employees perform work in a higher graded position than their substantive position. The Applicant advises and I accept that no employees in positions covered by the Restaurant Industry Award 2020 are required to perform work in higher graded positions and it is not reasonably foreseeable that any such employees will do so during the life of the Agreement. Given this, I am satisfied that this BOOT issue does not arise.
I also identified that the Agreement contains a split shifts provision but that two of the underpinning awards contained no such provision. The Applicant advises and I accept that it does not use the split shifts provision and it is not reasonably foreseeable that it will use the provision during the life of the Agreement. Given this I am satisfied that no issue arises from the split shifts provision.
The Agreement’s consultation clause does not meet the requirements of the Act and as such, the model consultation clause has been inserted as a term of the Agreement.
The Agreement’s delegates’ rights clause is less favourable than any of the delegates’ rights clauses in the underpinning awards. As such, the delegates’ rights clause from the Social, Community, Home Care and Disability Services Award 2010 has been inserted as a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2025. The nominal expiry date of the Agreement is 1 March 2028.
DEPUTY PRESIDENT
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Annexure A:
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