Lutheran Church of Australia, Queensland District T/A Lutheran Services

[2019] FWCA 7901

[2019] FWCA 7901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Church of Australia, Queensland District T/A Lutheran Services
(AG2019/2645)

LUTHERAN SERVICES (QLD) ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 19 NOVEMBER 2019

Application for approval of the Lutheran Services (Qld) Enterprise Agreement 2019.

[1] The Lutheran Church of Australia, Queensland District T/A Lutheran Services (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Lutheran Services (Qld) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Australian Workers’ Union, the United Workers Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 November 2019. The nominal expiry date of the Agreement is 21 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506156  PR714437>