Western Australian Council of Social Service Inc
[2024] FWCA 2384
•28 JUNE 2024
| [2024] FWCA 2384 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Western Australian Council of Social Service Inc
(AG2024/2090)
WACOSS STAFF AGREEMENT 2024
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 28 JUNE 2024 |
Application for approval of the WACOSS Staff Agreement 2024
An application has been made for approval of an enterprise agreement known as the WACOSS Staff Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Western Australian Council of Social Service Inc (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 7 September 2023 and the Agreement was made on 31 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023. I note that employees were provided with a superseded version of the NERR however I am satisfied that there has been no detriment to employees as a result and use the powers conferred by s.188(5) of the Act to disregard this minor procedural error.
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 Australian Municipal, Administrative, Clerical and Services Union (the ASU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
Two potential BOOT issues were identified during the process of assessing the Agreement for BOOT compliance. The first related to public holiday rates for casuals. Following correspondence with the Applicant, I am satisfied that there are no casual employees covered by the Agreement and it is not reasonably foreseeable that the Agreement will cover any casuals during its life. The second issue related to various allowances in the relevant Award for employees who work directly with clients. Following correspondence with the Applicant, I am satisfied that there are no employees covered by the Agreement who perform work that would attract these allowances and it is not reasonably foreseeable that the Agreement will cover any such employees during its life. As such, I am satisfied that these BOOT concerns are not relevant.
The Applicant has provided written undertakings. 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.
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 does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Municipal, Administrative, Clerical and Services Union (the ASU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ASU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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