Churches of Christ in Queensland - Churches of Christ Care - [2017] FWCA 6598

[2017] FWCA 6598

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Churches of Christ in Queensland - Churches of Christ Care

(AG2017/4137)

Churches of Christ in Queensland - Churches of Christ Care Aged and Community Care Support Staff Enterprise Agreement 2017

Aged care industry
Commissioner Harper-Greenwell	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Churches of Christ in Queensland-Churches of Christ Care Aged and Community Care Support Staff Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Churches of Christ in Queensland-Churches of Christ Care Aged and Community Care Support Staff Enterprise Agreement 2017 (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 in Queensland - Churches of Christ Care. The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings 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 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.

The Australian Workers’ Union, United Voice, Australian Nursing and Midwifery Federation and Queensland Nurses’ and Midwives Union of Employees being bargaining representative 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 these organisations.

The Agreement was approved on 8 December 2017 and, in accordance with s.54, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Churches of Christ in Queensland - Churches of Christ Care Aged and Community Care Support Staff Enterprise Agreement 2017. The applicant, Churches of Christ in Queensland, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration, including compliance with the Act's provisions regarding employee representation, good faith bargaining, and the substantive terms of the agreement.

The court was tasked with determining whether the agreement was genuinely negotiated between the employer and the employees, whether it was made in good faith, and whether it included all the required minimum terms and conditions. The court examined the negotiation process, the content of the agreement, and the evidence provided by the parties regarding the bargaining process. It was also necessary to assess whether the agreement was consistent with the principles of the Fair Work Act and whether it provided fair and reasonable terms for the employees.

The Fair Work Commission found that the agreement had been genuinely negotiated in good faith and that it contained all the required minimum terms and conditions. The court was satisfied that the negotiation process was robust and that the agreement reflected the views of the employees. The substantive terms of the agreement were deemed fair and reasonable, providing appropriate protections and benefits for the employees. As a result, the court approved the agreement for registration, confirming its compliance with the statutory requirements.

The final orders of the court included the approval and registration of the Churches of Christ in Queensland - Churches of Christ Care Aged and Community Care Support Staff Enterprise Agreement 2017. The agreement was to be recognised as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This ruling provided certainty and legal recognition to the terms and conditions outlined in the agreement, ensuring that the employees would benefit from the agreed-upon provisions.

Churches of Christ in Queensland - Churches of Christ Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established