DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Church of Australia Queensland District T/A Lutheran Services
(AG2017/6597)

LUTHERAN SERVICES (QLD) AGED CARE ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the Lutheran Services (Qld) Aged Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lutheran Services (Qld) Aged Care Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lutheran Church of Australia Queensland District T/A Lutheran Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation, the Australian Workers’ Union and United Voice, 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Lutheran Church of Australia Queensland District, trading as Lutheran Services, applied for the approval of the Lutheran Services (Qld) Aged Care Enterprise Agreement 2017. The applicant sought the approval of the agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with the decision made by Commissioner David Smith. The dispute centred on the application for the approval of an enterprise agreement that would apply to employees of Lutheran Services working in aged care facilities in Queensland. The agreement was proposed by the Lutheran Church of Australia Queensland District, trading as Lutheran Services, and the Queensland Nurses and Midwives' Union. The agreement aimed to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms.

The legal issues before the court involved determining whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to consider if the agreement contained the mandatory terms set out in the Act, if it was free from prohibited content, and if it was made in good faith and without coercion. The court also had to assess if the agreement provided for a direct or indirect safety net, ensuring employees were not worse off than under the applicable awards or registered agreements. Furthermore, the court had to ensure the agreement was procedurally fair, with proper consultation and negotiation processes in place.

The court reviewed the application and found that the proposed agreement met the criteria for approval. The agreement contained all the mandatory terms required by the Act, was free from prohibited content, and was made in good faith and without coercion. The court also determined that the agreement provided for a direct safety net, ensuring employees would not be worse off than under the applicable awards or registered agreements. The court was satisfied with the consultation and negotiation processes followed by the parties, finding them to be procedurally fair. Based on these findings, the court approved the Lutheran Services (Qld) Aged Care Enterprise Agreement 2017.

Lutheran Church of Australia Queensland District T/A Lutheran Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established