DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland AIDS Council Inc
(AG2018/7277)

QUEENSLAND AIDS COUNCIL INC. ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MAY 2019

Application for approval of the Queensland AIDS Council Inc. Enterprise Agreement 2018

[1] Queensland AIDS Council Inc. has made an application for approval of an enterprise agreement known as the Queensland AIDS Council Inc. Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 May 2019 and, in accordance with s 54, will operate from 21 May 2019. The nominal expiry date of the Agreement is 14 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Queensland AIDS Council Inc. sought approval for an enterprise agreement entered into with their employees. The Queensland AIDS Council Inc., an organisation dedicated to supporting people living with HIV/AIDS, argued that the proposed agreement was necessary to ensure their operations could continue effectively. The dispute centred on whether the proposed terms and conditions complied with the relevant industrial laws and whether they were fairly negotiated.

The primary legal issue before the commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included determining whether the agreement had been fairly negotiated, covered all required bargaining matters, and complied with the provisions of the Act. The commission also needed to consider the impact of the agreement on the employees and whether it provided fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the Queensland AIDS Council Inc. Enterprise Agreement 2018 met the requirements for approval. The commission concluded that the agreement was fairly negotiated and covered all necessary bargaining matters. The proposed terms and conditions were deemed fair and reasonable, taking into account the specific needs of the organisation and its employees. The commission approved the agreement, acknowledging its importance in supporting the council’s mission and ensuring the well-being of its workforce.

As a result of the commission’s decision, the Queensland AIDS Council Inc. Enterprise Agreement 2018 was approved and will come into effect on the specified commencement date. This outcome allows the council to continue its important work with the assurance that its employees are provided with fair and reasonable terms and conditions of employment.

Queensland AIDS Council Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established