DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Churches of Christ Care
(AG2018/3514)

CHURCHES OF CHRIST CARE VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 27 MARCH 2019

Application for approval of the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2018.

[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 2018 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] I note that clause 60.3 of the Agreement is inconsistent with the National Employment Standards as it provides that long service leave does not accrue during certain periods of unpaid leave or absences. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Churches of Christ Care Victoria for approval of the 2018 Enterprise Agreement between the organisation and the Australian Nurses and Midwifery Federation (ANMF) and Health Services Union (HSU). The application was heard in the Fair Work Commission. The primary dispute centred around the terms and conditions of employment for the employees represented by the unions, as outlined in the proposed Enterprise Agreement.

The central legal issue was whether the proposed Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement complied with the "better off overall test" and whether it contained the necessary minimum terms as prescribed by the Act. The court also needed to determine whether the agreement was made in good faith and whether the process of agreement making was fair.

The Fair Work Commission considered the evidence presented by both parties and reviewed the terms of the proposed Enterprise Agreement. The Commission found that the agreement met the "better off overall test" as it provided for a mix of wages and conditions that were considered fair and reasonable. The Commission also found that the agreement contained all the required minimum terms and was made in good faith. The process of agreement making was deemed to be fair, as the unions had provided adequate representation to their members.

The Fair Work Commission approved the Churches of Christ Care Victoria, ANMF and HSU Enterprise Agreement 2018. The approval was granted on the basis that the agreement met the necessary legal criteria and provided for fair and reasonable terms and conditions of employment for the employees.

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