THE ST GILES SOCIETY LTD. SUPPORT SERVICES ENTERPRISE AGREEMENT 2025

Application for approval of the St Giles Society Ltd. Support Services Enterprise Agreement 2025

[1] St Giles Society Ltd Trading as St Giles Society Ltd (the Employer) has made an application for approval of an enterprise agreement known as the The St Giles Society Ltd. Support Services Enterprise Agreement 2025 (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.

[3] The Commission identified that 29 casual employees (out of 99 employees) were included by the Employer as employees eligible to participate in the vote on the Agreement. The Employer provided submissions showing that all 29 casual employees were employed at the time and entitled to vote. I am satisfied that in light of the Full Bench decision in Appeal by Kmart Australia Limited t/a Kmart and others [2019] FWCFB 7599,[1] the requirement in s. 181(1) of the Act has been met.

Section 190 Undertakings

[4] The Employer provided written undertakings to address certain BOOT and inconsistency issues. A copy of the undertakings is attached in Schedule 4. 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.

Section 186, 187, 188 and 190

[5] 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.

Section 183 Bargaining Representatives

[6] The Health Services Union, Tasmania Branch (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2025. The nominal expiry date of the Agreement is 20 June 2028.

[1] [2019] FWCFB 7599.

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