Churches of Christ in Queensland

[2013] FWCA 6524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Churches of Christ in Queensland
(AG2013/2140)

CHURCHES OF CHRIST IN QUEENSLAND - CHURCHES OF CHRIST CARE - EARLY CHILDHOOD ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 SEPTEMBER 2013

Application for approval of the Churches of Christ in Queensland - Churches of Christ Care - Early Childhood Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Churches of Christ in Queensland - Churches of Christ Care - Early Childhood Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Churches of Christ in Queensland.

[2] 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] On 3 September 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The United Voice, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Churches of Christ in Queensland, sought approval of the proposed agreement for an enterprise between the Churches of Christ Care - Early Childhood and its employees. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 in terms of its provisions and its overall fairness.

The court was required to determine whether the proposed agreement contained terms that were unfair within the meaning of the Act, and whether it provided for the proper resolution of workplace issues. The applicant needed to demonstrate that the agreement was made in good faith and that it was fair and reasonable. Additionally, the court had to ensure that the agreement did not undermine the purpose of the Act, which includes promoting high standards of employment and facilitating cooperative workplace relations.

The court examined the proposed agreement in detail, considering the nature of the work, the bargaining positions of the parties, and the terms of the agreement. It was satisfied that the agreement was made in good faith and that the terms were fair and reasonable. The court noted the extensive negotiation process and the agreement reached, which provided for a balance of interests between the applicant and the employees. The court concluded that the proposed agreement was compliant with the requirements of the Act and approved it.

The Fair Work Commission approved the Churches of Christ in Queensland - Churches of Christ Care - Early Childhood Enterprise Agreement 2013, finding it to be fair and reasonable and in compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established