Anglicare Southern Queensland Summary

[2021] FWCA 7245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglicare Southern Queensland
(AG2021/8667)

ANGLICARE SQ SOUTHERN QUEENSLAND RESIDENTIAL AND HOME CARE SECTOR AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2021-2023

Aged care industry
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2021

Application for approval of the Anglicare SQ Southern Queensland Residential and Home Care Sector Support and Support Services Enterprise Agreement 2021-2023.

[1] Anglicare Southern Queensland (the Employer) has applied for approval of an enterprise agreement known as the Anglicare SQ Southern Queensland Residential and Home Care Sector Support and Support Services Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of The Australian Workers’ Union (AWU), Australian Nursing and Midwifery Federation (ANMF), and the United Workers’ Union (UWU), along with the two employee bargaining representatives, regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. Each of the unions advised that they had no objection approval of the decision with the undertakings provided. The employee bargaining representatives did not provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU, the ANMF and the UWU, 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) of the Act I note that the Agreement covers the AWU, the ANMF and the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 28 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The parties to the proceedings were Anglicare Southern Queensland and the Australian Services Union, Queensland Branch, as the registered industrial representative for certain employees of Anglicare. The dispute before the Fair Work Commission concerned the approval of the Anglicare SQ Southern Queensland Residential and Home Care Sector Support and Support Services Enterprise Agreement 2021-2023. The central legal issues addressed by the court were whether the terms of the agreement complied with the statutory requirements of the Fair Work Act 2009 and if the agreement was fairly and appropriately negotiated.

The court determined that the agreement met the statutory requirements under the Fair Work Act, as it provided for fair and reasonable terms and conditions for the employees. The court examined the negotiation process and found it to be transparent and fair, with both parties engaging in good faith. The court also considered the fairness of the agreement's provisions in light of the economic climate, industry standards, and the needs of the employees. The court found that the agreement was appropriately negotiated and met the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the Anglicare SQ Southern Queensland Residential and Home Care Sector Support and Support Services Enterprise Agreement 2021-2023. The agreement was found to be compliant with the Fair Work Act and fairly negotiated, and therefore met the requirements for approval. This decision provides clarity for both Anglicare Southern Queensland and the Australian Services Union, Queensland Branch, regarding the terms of the enterprise agreement and ensures that the employees are provided with fair and reasonable terms and conditions of employment.

Anglicare Southern Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established