Queensland Police-Citizens Youth Welfare Association

[2017] FWCA 5531

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Police-Citizens Youth Welfare Association

(AG2017/854)

QPCYWA Enterprise Agreement 2017

Social, community, home care and disability services
Commissioner Saunders	NEWCASTLE, 25 OCTOBER 2017

Application for approval of the QPCYWA Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the QPCYWA 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 Queensland Police-Citizens Youth Welfare Association. The Agreement is a single enterprise agreement.

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.

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.

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

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 24 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Queensland Police-Citizens Youth Welfare Association brought an application for the approval of the QPCYWA Enterprise Agreement 2017. The applicant was seeking the Fair Work Commission's approval of the agreement, which had been negotiated between the parties. The respondent, Queensland Police Union, raised objections to certain aspects of the agreement, arguing that it did not comply with the Fair Work Act 2009.

The primary legal issues before the Fair Work Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for the minimum terms and conditions of employment as prescribed by the Act, and whether it had been negotiated in good faith. The respondent argued that the agreement failed to comply with the Act in several respects, including that it did not provide for a minimum rate of pay for junior officers, and that it allowed for the imposition of certain penalties on employees without adequate justification.

After considering the submissions of both parties, the Fair Work Commission found that the agreement did not comply with the Act in several respects. The Commission found that the agreement failed to provide for a minimum rate of pay for junior officers, and that it allowed for the imposition of certain penalties on employees without adequate justification. However, the Commission also found that the agreement contained provisions that went beyond the minimum terms and conditions prescribed by the Act, and that these provisions were not inconsistent with the Act. The Commission concluded that, on balance, the agreement should be approved, with certain modifications to address the respondent's concerns. The Fair Work Commission approved the QPCYWA Enterprise Agreement 2017, subject to certain modifications. The modifications included the insertion of a clause providing for a minimum rate of pay for junior officers, and the removal of certain provisions relating to the imposition of penalties on employees. The respondent's objections to other aspects of the agreement were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established