DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSJG Ministries Inc
(AG2018/5070)

SSJG MINISTRIES INC. SUPPORT SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2019

Application for approval of the SSJG Ministries Inc. Support Services Enterprise Agreement 2018.

[1] SSJG Ministries Inc. has made an application for approval of an enterprise agreement known as the SSJG Ministries Inc. Support Services 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] I note that employees were provided with a copy of the Agreement prior to the commencement of the access period, but that not all details of the vote were provided at this time. However, I am satisfied that in all of the circumstances, including the information provided in the employer’s statutory declaration, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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 and 188 as are relevant to this application for approval have been met.

[4] The United Voice and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 18 March 2019 and, in accordance with s 54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The matter involved SSJG Ministries Inc and was heard in the Fair Work Commission. The applicant, SSJG Ministries Inc, sought approval for the Support Services Enterprise Agreement 2018. The nature of the dispute centred around the terms of the agreement and whether it complied with the relevant legislative and regulatory frameworks.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms for the employees covered by the agreement. This involved examining the agreement to ensure it adhered to the Fair Work Act 2009 and the Fair Work Regulations 2009, including considerations such as the process for bargaining and the content of the agreement itself.

The Commission considered the evidence presented and the submissions made by the parties. It found that the agreement was the result of genuine bargaining and that it contained fair and reasonable terms for the employees. The Commission noted that the agreement provided for appropriate protections and entitlements for the employees, and that it complied with the relevant legislative requirements. The Commission approved the agreement, highlighting that it balanced the interests of the employer and employees effectively.

The final orders included the approval of the Support Services Enterprise Agreement 2018, with the agreement to be registered and in effect from the date of the decision. The parties were directed to take necessary steps to ensure the agreement was implemented in accordance with the terms set out in the decision.

SSJG Ministries Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established