[2025] FWCFB 203
Citation: [2025] FWCFB 203
What happened
The United Workers Union (UWU) appealed a Fair Work Commission decision approving the 2024 Centacare Community Services Enterprise Agreement. The UWU claims it was a default bargaining representative and should have been notified of a determinative conference regarding the agreement's approval. They argue this lack of notification denied them procedural fairness. Centacare, the employer, contends the UWU wasn't involved in the agreement-making process and therefore wasn't required to be included. Correspondence sent to the UWU was incorrectly addressed and the UWU didn't respond. The UWU seeks an extension of time to lodge the appeal.
What was decided
The Fair Work Commission Full Bench allowed the UWU's appeal for an extension of time to lodge the appeal. They considered additional evidence from a UWU officer, Mr. Nash, which detailed the UWU's attempts to be involved in the bargaining process. The Full Bench found that the UWU could not have presented this evidence at the initial hearing and that it had the potential to alter the outcome. The Commission acknowledged an administrative oversight occurred, and the UWU was not properly notified of key events.
What it means for employers
Employers should ensure all relevant employee organisations are identified and properly notified throughout the enterprise bargaining process, even if they weren't directly involved in negotiations. Accurate communication and addressing are crucial to avoid procedural fairness issues. Failing to do so can lead to appeals and potential delays in agreement approval.
What it means for employees
Employees should actively engage with their union to ensure their representation is recognised during enterprise bargaining. Unions should also proactively communicate their involvement and concerns to employers and the Fair Work Commission to safeguard their rights and participation in the process.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb203.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 →