DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Church of Australia, South Australia and Northern Territory District Inc T/A Lutheran Community Care, SA and NT
(AG2017/3347)

LUTHERAN COMMUNITY CARE ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Lutheran Community Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lutheran Community 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, South Australia and Northern Territory District Inc T/A Lutheran Community Care, SA and NT. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2017. The nominal expiry date of the Agreement is 20 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Lutheran Church of Australia, South Australia and Northern Territory District Inc, trading as Lutheran Community Care, SA and NT, applied for approval of the Lutheran Community Care Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal criteria for approval as a certified agreement, particularly regarding its compliance with the statutory requirements and its fairness to employees.

The legal issues before the Commission included whether the agreement contained all the mandated minimum terms and conditions, whether it had been fairly negotiated, and whether it provided for the resolution of any disputes. Additionally, the Commission needed to consider if the agreement met the statutory requirements for "no disadvantage" and if it was in the best interests of the employees.

The Commission found that the proposed agreement was compliant with the statutory minimum terms and conditions and had been negotiated in good faith. It was determined that the agreement provided adequate mechanisms for dispute resolution and did not result in any disadvantage to the employees. The Commission was satisfied that the agreement was fair and in the best interests of the employees. Consequently, the application for approval was successful, and the agreement was certified as meeting all legal requirements.

The Fair Work Commission approved the Lutheran Community Care Enterprise Agreement 2017, certifying it as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to come into effect, providing a framework for employment conditions between the Lutheran Church and its employees.

Lutheran Church of Australia, South Australia and Northern Territory District Inc T/A Lutheran Community Care, SA and NT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established