BROPHY FAMILY & YOUTH SERVICES ENTERPRISE AGREEMENT 2025

Social, community, home care and disability services

Application for approval of the Brophy Family & Youth Services Enterprise Agreement 2025

[1] Brophy Family and Youth Services Incorporated trading as Brophy Family And Youth Service (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Brophy Family & Youth Services Enterprise Agreement 2025 (the Agreement).

[2] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[3] The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the "Brophy Family and Youth Services Enterprise Agreement 2024" which does not match the title of the Agreement to be approved. I am satisfied that this is a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

[4] I raised a number of Better Off Overall Test (BOOT) concerns with the Employer and the ASU. These matters included:

• Clause 15(c)(iii) and clause 15(c)(iv) of the Agreement relating to training/meetings occurring outside of an employee's rostered hours, have some less beneficial provisions than under clause 10.5 and 28.1 of the Social, Community, Home Care and Disability Services Industry Award 2010 (the Award). The Employer provided an undertaking addressing these concerns (see Annexure A, undertaking 1).

• Clause 20(d) of the Agreement in relation to sleepover provides for some less beneficial provisions than as the Award. The Employer provided an undertaking addressing this concern (see Annexure A, undertaking 2).

• The Agreement appears to omit several allowances otherwise provided by clause 20 of the Award including uniforms, laundry and telephone. The Employer provided an undertaking addressing this concern (see Annexure A, undertaking 3).

• The Agreement does not provide a job search entitlement of time off up to one day each week of the minimum period of notice for redundancy for the purpose of seeking other employment, provided by clauses 11.2 and 12.3 of the Award. The Employer provided an undertaking addressing this concern (see Annexure A, undertaking 4).

[5] I am satisfied the undertakings leave employees better off overall under the Agreement. I am further 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. The undertakings are taken to be a term of the agreement.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2026. The nominal expiry date of the Agreement is 30 June 2028.

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