FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UnitingCare LifeAssist
(AG2015/4373)

UNITINGCARE LIFEASSIST STAFF ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the UnitingCare lifeAssist Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare lifeAssist 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 UnitingCare lifeAssist. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Mining and Energy Union, sought approval of the UnitingCare lifeAssist Staff Enterprise Agreement 2015 from the Fair Work Commission. The respondent, UnitingCare, contested the application. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness in its negotiation and the compliance with the good faith bargaining provisions. The Fair Work Commission had to decide if the agreement was made in good faith and whether the necessary procedural fairness was observed during its negotiation.

The court examined whether the union had engaged in genuine bargaining with UnitingCare and if the agreement reflected the outcome of that bargaining. Additionally, the court assessed whether the union provided UnitingCare with all necessary information to enable meaningful bargaining and whether the union's conduct was consistent with the principles of good faith bargaining. The court also considered if UnitingCare had a genuine opportunity to respond to the union's proposals and whether the union had adequately considered UnitingCare's responses.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the union had engaged in genuine bargaining and that the agreement reflected the outcome of that process. The court determined that the union had provided UnitingCare with all necessary information and had afforded UnitingCare a genuine opportunity to respond to its proposals. The court concluded that the agreement was made in good faith and that the necessary procedural fairness was observed. Consequently, the Commission approved the UnitingCare lifeAssist Staff Enterprise Agreement 2015.

The Fair Work Commission ordered that the UnitingCare lifeAssist Staff Enterprise Agreement 2015 be approved and registered. The agreement was to take effect from the date of the Commission's decision, and both parties were directed to comply with its terms. The decision was made binding on the parties and their respective employees and employers.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established