[2019] FWCA 4275

The attached document replaces the document previously issued with the above code on 18 June 2019.

The attached document wholly replaces the document previously issued with the code [2019] FWC 3708 on 18 June 2019 to correct document referencing.

Member Assist

On behalf of Deputy President Millhouse

Dated 19 June 2019

[2019] FWCA 4275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Churches of Christ in Queensland
(AG2018/5517)

CHURCHES OF CHRIST IN QUEENSLAND BUSINESS SUPPORT STAFF ENTERPRISE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 JUNE 2019

Application for approval of the Churches of Christ in Queensland Business Support Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Churches of Christ in Queensland Business Support Staff Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Churches of Christ in Queensland (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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.

[4] The Agreement lodged contained cross referencing errors at clauses 4, 7.5(a) and 7.6(b). On 14 May 2019, an amended version of the Agreement was filed with the Fair Work Commission correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Churches of Christ in Queensland, sought approval of their Enterprise Agreement 2018. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission was the court in this matter.

The primary legal issues addressed by the Commission involved the terms and conditions of the proposed Enterprise Agreement and whether it complied with the relevant legislative framework. Specifically, the Commission had to assess whether the agreement met the requirements for 'good faith' bargaining, as well as the 'better off overall test' for employees. Furthermore, the Commission examined whether the agreement included mandatory terms as required by the legislation.

In making its decision, the Commission noted that the agreement had been negotiated in good faith and met the 'better off overall test'. The Commission also found that all mandatory terms were included and that the agreement did not unfairly discriminate against any group of employees. Consequently, the Commission approved the proposed Enterprise Agreement 2018.

The Fair Work Commission approved the Churches of Christ in Queensland Business Support Staff Enterprise Agreement 2018, finding it to be compliant with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission determined that the agreement was the product of good faith bargaining and satisfied the 'better off overall test'. Furthermore, the Commission confirmed that all mandatory terms were included and that the agreement did not unfairly discriminate against any group of employees.

Churches of Christ in Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established