Christian Homes Tasmania Ltd

[2022] FWCA 3120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christian Homes Tasmania Ltd

(AG2022/3503)

Christian Homes Tasmania Ltd Enterprise Agreement 2020

Health and welfare services
DEPUTY PRESIDENT BELL	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the Christian Homes Tasmania Ltd Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Christian Homes Tasmania Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Christian Homes Tasmania Ltd. The Agreement is a single enterprise agreement.

The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 the organisations.

The Agreement was approved on 8 September 2022 and, in accordance with s.54, will operate from 15 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Christian Homes Tasmania Ltd recently applied to the Fair Work Commission for approval of their 2020 Enterprise Agreement. The parties involved were Christian Homes Tasmania Ltd and the United Voice union. The nature of the dispute was over whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was consistent with the Act's "better off overall test" and whether it included all necessary provisions. Additionally, the Commission needed to determine if the agreement was free from any illegality or contravention of the Act.

The Commission examined the agreement provisions, including wages, leave entitlements, and conditions of employment. The Commission also assessed whether the agreement met the "better off overall test," which requires that the benefits to employees must outweigh any detriments. The Commission found that the agreement did meet this test. Furthermore, the Commission was satisfied that the agreement did not contain any illegality or contravention of the Fair Work Act. Consequently, the Commission approved the agreement. The Commission issued orders approving the Christian Homes Tasmania Ltd Enterprise Agreement 2020, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established