Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland

Case [2023] FWCA 640


[2023] FWCA 640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland

(AG2023/358)

Anglicare Southern Queensland Allied Health Enterprise Agreement 2022

Aged care industry

 DEPUTY PRESIDENT O’NEILL

MELBOURNE, 28 FEBRUARY 2023

Application for approval of the Anglicare Southern Queensland Allied Health Enterprise Agreement 2022

  1. The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland has applied for approval of an enterprise agreement known as the Anglicare Southern Queensland Allied Health Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

  1. 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. The undertakings are taken to be a term of the Agreement.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2023. The nominal expiry date of the Agreement is 28 February 2026.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519334  PR751224>

Annexure A

Details
AGLC
Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland [2023] FWCA 640
Case
[2023] FWCA 640
Decision Date

CaseChat Overview and Summary

The Corporation of the Synod of the Diocese of Brisbane, trading as Anglicare Southern Queensland, applied to the Fair Work Commission for approval of the Anglicare Southern Queensland Allied Health Enterprise Agreement 2022. The application was made under section 230 of the Fair Work Act 2009. The application was opposed by the Queensland Nurses and Midwives’ Union. The legal issues before the Commission included whether the agreement provided for pay and conditions that were no worse off overall (NWO) than the applicable award or registered agreement and whether the agreement was appropriately formed.

The Commission found that the agreement provided for terms and conditions that were NWO overall. It noted that the agreement contained a 3.5% annual wage increase over the term of the agreement, as well as other improvements in conditions. The Commission also found that the agreement was appropriately formed, as it had been negotiated in good faith and the necessary majority of employees had voted in favour of the agreement. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for employees.

The Corporation of the Synod of the Diocese of Brisbane, trading as Anglicare Southern Queensland, was granted approval for the Anglicare Southern Queensland Allied Health Enterprise Agreement 2022. The agreement will now be registered by the Commission and will apply to the employees covered by the agreement. The Queensland Nurses and Midwives’ Union’s opposition to the application was dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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