Social, community, home care and disability services

Application for approval of the Wombat Housing and Support Services Inc. Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Wombat Housing and Support Services Inc. Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wombat Housing and Support Services (Wombat). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

[3] In response to several issues raised with Wombat in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives about these undertakings have been sought. 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.

[4] The undertakings relate to:

1. Incorporation of the Award

2. Casual employee hourly rate

3. Time off in lieu and overtime

4. Definition of a shift worker

[5] The Agreement does not contain a flexibility term that meets the requirements of the Act. Section 202 of the Act provides that if an enterprise agreement does not include a flexibility term, the model flexibility term is taken to be a term of the agreement. Pursuant to s 202(4) and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[6] The Agreement does not appear to contain a workplace delegates' rights clause, as required by s 205A of the Act. Accordingly, pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Social, Community, Home Care and Disability Services Industry Award 2010 (the Award) is taken to be a term of the Agreement.

[7] Clause 12 of the agreement appears to only provide consultation in relation to major workplace changes and not also changes to regular rosters or ordinary hours or as required by s.205(1) of the Act. On the basis of s 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[8] 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.

[9] The Australian 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 ASU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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