Churches of Christ in Queensland Summary

[2019] FWC 3708

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.

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.

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.

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.

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.

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.

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 the Churches of Christ in Queensland Business Support Staff Enterprise Agreement 2018. The Fair Work Commission was asked to consider the application on the basis that the agreement met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was appropriate for approval as it provided for the terms and conditions of employment of business support staff, and it had been negotiated in good faith.

The legal issues before the Commission were whether the agreement contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether it had been negotiated in good faith. The applicant argued that the agreement contained the necessary minimum terms, including provisions for minimum wage rates, leave entitlements, and other conditions of employment. The applicant also argued that the agreement had been negotiated in good faith, with genuine attempts to reach an agreement.

The Commission found that the agreement contained the necessary minimum terms and conditions, and that it had been negotiated in good faith. The Commission was satisfied that the agreement provided for the terms and conditions of employment of business support staff, and that it met the requirements of the Fair Work Act. The Commission approved the agreement, finding that it was appropriate for the agreement to be registered.

The Churches of Christ in Queensland Business Support Staff Enterprise Agreement 2018 was approved by the Fair Work Commission. The agreement is now registered and will apply to the business support staff employed by the Churches of Christ in Queensland.

Churches of Christ in Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established