[2025] FWCA 286
Citation: [2025] FWCA 286
What happened
The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, trading as Centacare, sought approval for the 2024 Centacare Community Services Enterprise Agreement. The agreement covers employees in social, community, home care, and disability services. A Notice of Employee Representational Rights (NERR) was distributed, but there was a minor discrepancy in the agreement's name compared to the NERR. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Australian Workers Union (AWU) were involved in negotiations. The United Workers Union (UWU) initially sought to be covered by the agreement but did not actively participate in negotiations.
What was decided
The Fair Work Commission approved the 2024 Centacare Community Services Enterprise Agreement, effective January 23, 2025, and expiring January 22, 2028. Deputy President Dobson found a minor procedural error in the NERR did not disadvantage employees. The Commission accepted undertakings from the Applicant. The agreement is deemed to pass the Better Off Overall Test (BOOT). The ASU and AWU are covered by the agreement, while the UWU is not. A model flexibility term is taken to be a term of the agreement.
What it means for employers
Employers should ensure consistency between notices issued to employees (like NERRs) and the final enterprise agreement. It is important to involve all relevant unions in negotiations and address any concerns raised promptly. Minor procedural errors can be overlooked if they don't disadvantage employees.
What it means for employees
Employees should be aware of their rights regarding enterprise agreement negotiations and ensure they receive appropriate notices and opportunities to vote. Unions can seek to be covered by an enterprise agreement, but active participation in negotiations is generally required.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwca286.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →