Social, community, home care and disability services

Application for approval of the The Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2025

[1] The Spectrum Organization Association Inc ("the Employer") has applied for approval of an enterprise agreement known as The Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] After reviewing the roll of voters the Employer indicated that nine casual employees who participated in the ballot for the Agreement were not eligible to vote. It submitted this did not materially affect the results of the ballot which remained "a resounding majority." I accept that the inclusion of these nine persons did not materially change the outcome, as the minimum vote in favour would have been 30 out of 49 (instead of the figures given in the declaration, 39 of 58). There is no suggestion in this case that employees who were eligible to participate in the vote were excluded from it. I am satisfied that employees employed at the time who would be covered by the Agreement were asked to vote on it, as required by subsection 181(1) of the Fair Work Act. The Agreement was approved in accordance with s 182(1) because a majority of eligible voters who cast a valid vote approved the Agreement. To the extent the inclusion of the nine casual employees in the roll of voters was an error, it was a minor technical or procedural error, and was not likely to disadvantage any employees in the circumstances.

[3] The Agreement also appears to contain an error, defect or irregularity in clause 3 of the Agreement, which relates to the nominal expiry date. Specifically, clause 3 states that the Agreement "shall apply for a period of four (4) years, commencing seven days after the date of approval with the Fair Work Commission." The Employer has confirmed that this was an error and that the nominal expiry date was intended to be four years after the approval date. Pursuant to section 218A I correct that error such that Clause 3 is to be read as:

This Agreement shall apply for a period of four (4) years, commencing on the date of approval by the Fair Work Commission.

[4] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

[6] With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 2 June 2029.

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