DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission
(AG2018/5099)

SACRED HEART MISSION ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER BISSETT	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Sacred Heart Mission Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sacred Heart Mission Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] An objection was raised to approval of the Agreement in relation to the provisions of clause 41.8 – Recall to work overtime. Following a discussion with the individual employee he recognised that the matter raised was not an impediment to the Agreement being approved but rather was a possible dispute over the application of the Agreement best raised once the Agreement was finalised. I am satisfied that the matters raised in relation to the clause do not adversely affect my capacity to approve the Agreement.

[6] The Australian Services Union (ASU) and Health Workers Union (HWU) 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 25 February 2019. The nominal expiry date of the Agreement is 17 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sacred Heart Mission St Kilda Inc, trading as Sacred Heart Mission, applied to the Fair Work Commission for approval of the Sacred Heart Mission Enterprise Agreement 2018. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the interests of the employees and if it met the necessary criteria for approval.

The primary legal issue was whether the agreement was bona fide in the interests of the employees, as required by section 234 of the Fair Work Act. The Commission also needed to consider if the agreement complied with the other statutory requirements, including whether it provided for the payment of a safety net of minimum wages and conditions and whether it was free from prohibited content. Additionally, the court had to assess whether the agreement was appropriately made and whether the process of making the agreement was fair.

The Commission found that the agreement was bona fide in the interests of the employees and met the statutory requirements for approval. The agreement provided for a safety net of minimum wages and conditions and did not contain any prohibited content. The Commission also found that the agreement was appropriately made and that the process of making the agreement was fair. The Commission approved the agreement, finding that it was in the interests of the employees and met the necessary criteria for approval under the Fair Work Act.

The Commission's decision was that the Sacred Heart Mission Enterprise Agreement 2018 was approved and registered. The agreement was found to be in the interests of the employees and met the statutory requirements for approval under the Fair Work Act. The Commission's approval of the agreement ensures that the employees of Sacred Heart Mission will continue to be covered by a registered agreement that provides for a safety net of minimum wages and conditions and is free from prohibited content.

Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established