Warrawee Committee Inc Summary

[2024] FWCA 2478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Warrawee Committee Inc

(AG2024/2338)

WARRAWEE WOMEN’S SHELTER ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
COMMISSIONER SCHNEIDER	PERTH, 4 JULY 2024

Application for approval of the Warrawee Women’s Shelter Enterprise Agreement 2023

Warrawee Committee Inc has made an application for the approval of an enterprise agreement known as the Warrawee Women’s Shelter Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Health Services Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 July 2024. The nominal expiry date of the Agreement is 4 July 2028.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this matter were Warrawee Committee Inc, the employer, and the National Tertiary Education Union (NTEU), representing the employees. The dispute centred on the proposed Warrawee Women’s Shelter Enterprise Agreement 2023. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 233 of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was in the interests of the employees and whether it complied with the relevant provisions of the Act. This included assessing whether the agreement provided for appropriate pay and conditions, and whether it was procedurally fair.

In its decision, the Commission found that the proposed enterprise agreement was in the best interests of the employees. The agreement provided for fair pay and conditions, and included provisions for dispute resolution, flexibility, and consultation. The Commission also found that the agreement was procedurally fair, as it had been negotiated in good faith and included provisions for employee consultation. The Commission approved the agreement, noting that it provided for appropriate pay and conditions and was in the best interests of the employees.

The Commission made orders approving the Warrawee Women’s Shelter Enterprise Agreement 2023. The agreement was to be registered with the Fair Work Commission and would come into effect on the first day of the first agreed pay period following registration. The orders also provided for the agreement to be binding on all employees covered by the agreement, and for any disputes arising under the agreement to be referred to the Fair Work Commission for resolution.

Warrawee Committee Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established