Lutheran Community Care Incorporated T/A Lutheran Care

[2023] FWCA 1630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lutheran Community Care Incorporated T/A Lutheran Care

(AG2023/1460)

LUTHERAN CARE (ELCIES RETAIL) ENTERPRISE AGREEMENT 2023

Retail industry
DEPUTY PRESIDENT EASTON	SYDNEY, 5 JUNE 2023

Application for approval of the Lutheran Care (Elcies Retail) Enterprise Agreement 2023.

Lutheran Community Care Incorporated T/A Lutheran Care (the Employer) has made an application for the approval of the Lutheran Care (Elcies Retail) Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2023. The nominal expiry date of the Agreement is 5 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Lutheran Community Care Incorporated T/A Lutheran Care brought an application before the Fair Work Commission seeking approval of the Lutheran Care (Elcies Retail) Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for employees within the retail sector of the Lutheran Care organisation, including issues such as wages, hours of work, leave provisions, and other employment-related matters. The Commission was required to determine whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and met the criteria for approval under the Fair Work Regulations 2009.

The primary legal issues before the Commission were whether the proposed agreement fairly reflected the terms and conditions of employment, whether it was in the best interests of the employees, and whether it complied with the procedural requirements of the Fair Work Act 2009. The Commission considered the bargaining process, the extent of employee involvement, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also assessed whether the agreement met the criteria for "single-interest" employer and "single-interest" employee bargaining, and whether the agreement was consistent with the principles of good faith bargaining and the protection of vulnerable employees.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted that the agreement had been the result of a genuine bargaining process, with adequate employee involvement and consultation. The terms and conditions of employment were deemed fair and reasonable, providing for appropriate wages, hours of work, and leave provisions. The Commission was satisfied that the agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Consequently, the Commission approved the Lutheran Care (Elcies Retail) Enterprise Agreement 2023.

The final orders of the Commission were that the Lutheran Care (Elcies Retail) Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement until such time as it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established