DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglicare Community Services
(AG2017/5327)

ANGLICAN COMMUNITY SERVICES ENTERPRISE AGREEMENT 2017.

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 MARCH 2018

Application for approval of the Anglican Community Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Anglican Community Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anglicare Community Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 28 March 2018 and, in accordance with s.54, will operate from 4 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved a dispute between Anglicare Community Services and its employees, represented by the Australian Services Union. The employees sought approval of the 2017 Enterprise Agreement, which had been negotiated by the parties. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly section 234, which mandates that agreements must be in writing, provide for the resolution of disputes, and be fair and reasonable. The Commission had to determine if the agreement complied with these statutory criteria and if it achieved a balance of fairness between the parties.

The Commission found that the agreement contained all the necessary provisions and was fair and reasonable. It incorporated dispute resolution mechanisms, provided for individual and collective bargaining rights, and addressed various terms and conditions of employment. The Commission was satisfied that the agreement met the legislative standards and achieved a fair balance between the parties' interests. Consequently, the Commission approved the agreement, allowing it to take effect.

The final orders included the approval of the Anglicare Community Services Enterprise Agreement 2017, with the agreement to be registered with the Fair Work Commission. This decision effectively formalised the terms of employment between Anglicare Community Services and its employees, as set out in the approved agreement.

Anglicare Community Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established