Western Australian Council of Social Service Inc Summary

[2022] FWCA 579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Australian Council of Social Service Inc

(AG2021/8519)

WACOSS Staff Agreement 2021

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 23 FEBRUARY 2022

Application for approval of the WACOSS Staff Agreement 2021

An application has been made for approval of an enterprise agreement known as the WACOSS Staff Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Australian Council of Social Service Inc (the Applicant). The Agreement is a single enterprise agreement.

The Agreement filed contained an error in clause 22.2. This clause made reference to clause 5 instead of clause 7. My chambers wrote to the parties advising that there appeared to be a typographical error at clause 22.2 and proposing I exercise power under s.586 to correct the typographical error. The Applicant was invited to provide their views and was agreeable to the proposal. I consider it appropriate to exercise power under s.586 of the Act to correct the error in clause 22.2.

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.

Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration supporting approval of the Agreement and 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 that the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Western Australian Council of Social Service Incorporated (WACOSS) and concerns the application for approval of the WACOSS Staff Agreement 2021. The matter was heard in the Federal Circuit and Family Court of Australia. The primary dispute was whether the terms and conditions of the proposed staff agreement complied with the relevant industrial instruments and whether the agreement was in the best interests of the employees.

The court was required to determine if the proposed staff agreement appropriately reflected the industrial provisions applicable to the employees, including minimum wage rates, leave entitlements, and other conditions of employment. It was also necessary to assess whether the agreement was fair and reasonable in terms of its impact on the employees and whether it provided adequate protections and benefits.

The court examined the proposed staff agreement in detail, considering the relevant industrial instruments and the principles of fairness and reasonableness. It found that the agreement generally aligned with the applicable industrial provisions and provided a reasonable framework for the employment of WACOSS staff. The court concluded that the agreement was fair and in the best interests of the employees, taking into account the specific circumstances of WACOSS as a not-for-profit organisation.

As a result, the court approved the WACOSS Staff Agreement 2021, allowing it to come into effect as a binding employment contract. This decision ensures that WACOSS can proceed with the implementation of the new staff agreement, providing clarity and certainty for both the organisation and its employees.

Western Australian Council of Social Service Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established