DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Churches of Christ Care
(AG2016/2631)

CHURCHES OF CHRIST CARE VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Churches of Christ Care. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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.

[4] The Agreement was approved on 1 April 2016 and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Churches of Christ Care, ANMF and HSU, applied to the Fair Work Commission for approval of the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2016. The respondents, the Minister for Employment and the Australian Government, opposed the application on the basis that the agreement did not meet the statutory requirements under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues in the case were whether the agreement complied with the provisions of the Fair Work Act 2009, specifically sections 230 and 231, which require that an enterprise agreement must not have the effect of reducing the minimum standards of the National Employment Standards and must provide for the protection of employees from adverse action. The respondents argued that the agreement failed to meet these requirements as it contained provisions that allowed for the reduction of minimum standards and inadequate protection against adverse action.

In its decision, the Court considered the provisions of the Fair Work Act 2009 and the specific terms of the agreement. The Court found that the agreement did not reduce the minimum standards and provided adequate protection against adverse action. The Court held that the agreement complied with the statutory requirements and approved the application for the agreement to be registered. The Court rejected the respondents' submissions and dismissed their opposition to the application.

The Court's final orders were that the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2016 be registered and approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would apply to the employees covered by the agreement. The respondents' opposition to the application was dismissed.

Churches of Christ Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established