Social, community, home care and disability services

Application for approval of the Uniting Communities Incorporated Solicitors Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Uniting Communities Incorporated Solicitors Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Section 205A(2) has the effect that if an Agreement contains a delegates' rights term that is inferior to the delegates' rights term in the relevant Modern Award(s), the most favourable term of the relevant Modern Award(s) is "taken to be a term of the Agreement" under s 205A(2)(b). The inferior delegates' rights term in the Agreement is rendered a nullity and of "no effect" under s 205A(2)(a).

[3] Clauses 3.5 and 3.6 of the Agreement provide for a delegates' rights term that is less favourable than the workplace delegates' rights term in the Social, Community, Home Care and Disability Services Industry Award 2010. Pursuant to s 205A(2) of the Act, clause 7A of that Award is taken to be a term of the Agreement.

[4] The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

[5] Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved today 13 January 2026. It will operate from 20 January 2026 as required by section 54 of the Act. The nominal expiry date is 13 January 2029.

Printed by authority of the Commonwealth Government Printer