Application for approval of the Dawn House Enterprise Agreement 2024

[1] Dawn House Incorporated (the Employer) has made an application for approval of an enterprise agreement known as the Dawn House Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Social, Community, Home Care and Disability Services Industry Award 2020 (SCHADS Award).

Regulation 2.06 Requirements

[3] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Fair Work Commission (Commission) and do so pursuant to s.586(a) of the Act.

[4] The clause numbering on the contents page did not match the numbering in the body of the Agreement. An amended contents page and Agreement was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.

Sufficient Interest and Sufficiently Representative

[5] The Form F17 Declaration submitted by the Employer did not include information about whether employees have a sufficient interest in the terms of the Agreement or were sufficiently representative of the employees it intends to cover. Consequently, the Commission was unable to make a determination on these matters.

[6] The Employer subsequently provided submissions which included information relevant to the issue of sufficient interest and sufficiently representative. Based on those submissions, I am satisfied that the employees requested to approve the Agreement by voting for it, have a sufficient interest in the terms of the Agreement and are sufficiently representative.

[7] In the Form F17 Declaration, the Employer referred to information that was emailed to employees, however it did not provide any further detail about what steps were taken to explain the terms of the Agreement and their effect to employees.

[8] The Employer provided submissions about an information session that was conducted on 10 April 2025 and how the terms of the Agreement were explained to employees. I am satisfied having regard to those submissions that the requirements of s. 180(5) of the Act have been met.

[9] There was a typographical error in the Form F17 Declaration, which made it unclear whether employees were provided with the Agreement at least 7 full calendar days before the day on which voting started. Additionally, it was unclear what manner the Agreement was provided to employees.

[10] The Employer provided submissions which demonstrated that employees were provided with the Agreement by email 7 full calendar days before voting. I am satisfied having regard to those submissions that the requirements of paragraph 4 of the Statement of Principles on Genuine Agreement have been met.

[11] The Form F17 Declaration noted that the access period and voting dates occurred on 16 April 2025. However, a document filed stated that the access period began on 24 April 2025. It was unclear when the vote notice was provided to employees.

[12] The Employer provided submissions which demonstrated that employees were provided with a reasonable opportunity to vote. I am satisfied having regard to those submissions that the requirements of paragraph 4 of the Statement of Principles on Genuine Agreement have been met.

[13] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Award:

1. The contents page of the Agreement listed shiftwork as clause 19. However, the shiftwork clause appeared to be missing from the body of the Agreement.

2. The Agreement is silent regarding specific entitlements within the SCHADS Award including client cancellation, sleepovers, excursions, broken shifts and 24-hour care shifts.

3. The Agreement is silent regarding Laundry, Uniform and Heat allowances provided by clause 20 of the Award

4. Clause 5.1.5 of the Agreement contains a definition for 'shift worker'. The Agreement does not state that this definition is for the purpose of the NES.

[14] The Employer provided written undertakings to address the above BOOT issues. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[15] 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.

[16] 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.

[17] In accordance with s.201(2), I note that the Agreement covers the ASU.

[18] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

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