Churches of Christ

[2025] FWCA 400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Churches of Christ

(AG2024/4951)

CHURCHES OF CHRIST CARE VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT

2024

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2025

Application for approval of the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Churches of Christ. 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 undertaking 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.

Subject to the undertaking 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 Australian Nursing and Midwifery Federation (Victorian Branch) and the Health Workers Union, being bargaining representatives for the Agreement, gave notice under s 183 of the Act that they want to be covered by the Agreement. In accordance with s 201(2), I note the Agreement covers both organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 February 2025. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the parties involved were Churches of Christ Care Victoria, the Australian Nursing and Midwifery Federation, and the Health Services Union, collectively referred to as the applicant. The dispute pertained to the approval of a proposed Enterprise Agreement for the year 2024, which was being sought before the Fair Work Commission. The applicants sought to have the agreement recognised and approved, ensuring its implementation across the relevant workforce.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant statutory provisions, including the requirement for good faith bargaining, and whether the terms of the agreement were fair and reasonable. The applicants needed to demonstrate that the agreement was the result of genuine negotiations and that it met the standards set out in the Fair Work Act 2009.

The Commission carefully examined the evidence and submissions provided by the parties. It assessed whether the negotiation process was conducted in good faith and whether the terms of the agreement were fair and reasonable. The Commission found that the applicants had met their burden of proof and that the agreement was the product of genuine negotiations. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, taking into account the nature of the work and the interests of the parties involved. Consequently, the Commission approved the proposed agreement, allowing its implementation.

The final orders of the Commission were that the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2024 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and binding upon all parties involved, including the employers and the employees covered by the agreement. This decision provided clarity and certainty for the parties, ensuring that the agreement could be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established