Seventh-day Adventist Church (SPD) Limited

[2024] FWCA 3325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-day Adventist Church (SPD) Limited

(AG2024/3148)

SOUTH PACIFIC DIVISION ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 SEPTEMBER 2024

Application for approval of the South Pacific Division Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the South Pacific Division Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Miscellaneous Award 2020 is taken to be a term of the Agreement.

The Employer has provided written undertakings (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. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 September 2024. The nominal expiry date of the Agreement is 19 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Seventh-day Adventist Church (SPD) Limited applied for the approval of the South Pacific Division Enterprise Agreement 2023. The application arose from negotiations between the church and its employees represented by the Australian Workers’ Union. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the commission involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Key considerations included whether the agreement provided for the minimum entitlements as prescribed by the Act, whether it was free from prohibited content, and whether it had been genuinely bargained. The commission also needed to assess if the agreement was in the best interests of the employees and whether the process of its formation was fair and appropriate.

The commission examined the provisions of the agreement, finding that it met the statutory requirements. It was concluded that the agreement provided for minimum entitlements, contained no prohibited content, and was genuinely bargained. The commission also determined that the agreement was in the best interests of the employees and that the process of its formation was fair and appropriate. Consequently, the commission approved the South Pacific Division Enterprise Agreement 2023.

The final orders included the approval of the agreement, which would now serve as the basis for the employment conditions of the employees represented by the Australian Workers’ Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established