DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland
(AG2016/1619)

ANGLICARESQ ALLIED HEALTH ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 29 JULY 2016

Application for approval of the AnglicareSQ Allied Health Enterprise Agreement 2016.

[1] On 23 June 2016, Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland (Applicant) made an application for approval of the AnglicareSQ Allied Health Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 5 August 2016. The nominal expiry date of the Agreement is 29 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Corporation of the Synod of the Diocese of Brisbane trading as Anglicare Southern Queensland sought approval of the AnglicareSQ Allied Health Enterprise Agreement 2016. The application was made to the Fair Work Commission. The nature of the dispute involved whether the agreement complied with the relevant legislative and regulatory framework, specifically the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other benefits, and whether it complied with the good faith bargaining obligations under the Act. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both employers and employees and adhered to the principles of procedural fairness.

In determining the application, the court examined the terms of the agreement, the bargaining process, and submissions from both parties. The court found that the agreement met the statutory requirements and appropriately balanced the interests of both parties. It was satisfied that the bargaining process was conducted in good faith and that the agreement provided fair and reasonable terms and conditions. Consequently, the court approved the AnglicareSQ Allied Health Enterprise Agreement 2016.

The final orders of the court included the approval of the AnglicareSQ Allied Health Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established