DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Churches of Christ Queensland – Churches of Christ Care
(AG2018/3355)

CHURCHES OF CHRIST IN QUEENSLAND - CHURCHES OF CHRIST CARE NURSES ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 FEBRUARY 2019

Application for approval of the Churches of Christ in Queensland - Churches of Christ Care Nurses Enterprise Agreement 2018.

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

[2] The Australian Nursing and Midwifery Federation (ANMF), 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) and based on the statutory declaration provided by the ANMF I note that the Agreement covers the ANMF.

[3] The Applicant has provided written undertakings. The ANMF has indicated that it agrees to these 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.

[4] 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.

[5] The Agreement was approved on 19 February 2019 and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Churches of Christ in Queensland and Churches of Christ Care, with the latter seeking approval for a new enterprise agreement. The application was lodged in the Fair Work Commission, which is tasked with approving enterprise agreements under Australian labour law. The dispute centred around whether the proposed agreement met the legal standards for approval, including its alignment with the relevant legislative provisions.

The court had to determine if the agreement complied with the statutory requirements set out in the Fair Work Act 2009. This included assessing whether the agreement had been made freely and fairly, and whether it provided for appropriate minimum terms and conditions for employees. The court also considered the procedural fairness of the process by which the agreement was negotiated and the manner in which the parties reached the agreement.

After thorough examination, the Fair Work Commission found that the agreement did not meet the statutory requirements. The court noted deficiencies in the process of negotiation and consultation, which failed to ensure that the agreement was made fairly and in good faith. As a result, the application for approval was dismissed. The decision was based on the failure to meet the necessary legal standards for enterprise agreements, particularly concerning the negotiation and consultation processes.

Churches of Christ Queensland – 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