DECISION

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

Churches of Christ in Queensland T/A Churches of Christ Care
(AG2015/4776)

CHURCHES OF CHRIST IN QUEENSLAND - CHURCHES OF CHRIST CARE AGED AND COMMUNITY CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 14 SEPTEMBER 2015

Application for approval of the Churches of Christ in Queensland -Churches of Christ Care Aged and Community Care Support Staff Enterprise Agreement 2015.

[1] 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 2015 (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 T/A 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 of the Act as are relevant to this application for approval have been met.

[3] The United Voice and The Australian Workers’ Union 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Churches of Christ in Queensland trading as Churches of Christ Care, applied to the Fair Work Commission for approval of the Churches of Christ Care Aged and Community Care Support Staff Enterprise Agreement 2015. The application was opposed by the respondent, Australian Council of Trade Unions. The nature of the dispute centred on the terms and conditions of employment for aged and community care support staff within the organisation.

The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 227 and 230, which mandate that agreements be fair and meet certain criteria. The primary concern was whether the proposed terms and conditions for support staff were fair and reasonable, considering the current industrial climate and the provisions of the Act.

The Fair Work Commission deliberated on the fairness of the agreement, taking into account the bargaining positions of the parties, the nature of the work, and the broader economic context. The Commission found that the agreement, while not perfect, was fair and reasonable. It concluded that the terms and conditions provided for support staff were adequate, and the agreement did not adversely affect the ability of the parties to meet their obligations under the Act. Consequently, the application for approval was granted.

Churches of Christ in Queensland T/A 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