DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent de Paul Society Queensland
(AG2019/5114)

ST VINCENT DE PAUL SOCIETY QUEENSLAND EMPLOYEE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 FEBRUARY 2020

Application for approval of the St Vincent de Paul Society Queensland Employee Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent de Paul Society Queensland Employee Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] The Australian Workers’ Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the St Vincent de Paul Society Queensland and the Australian Education, Union. The dispute centred around the approval of the St Vincent de Paul Society Queensland Employee Agreement 2020. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues at hand were primarily concerned with whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a single, intelligible, and complete document, and if it adhered to the process outlined in the Act for the approval of enterprise agreements.

The Fair Work Commission examined the content and process of the proposed agreement, assessing its compliance with the legislative standards. The court found that the agreement was clear, intelligible, and complete, and it satisfied the procedural requirements under the Act. The commission was satisfied that the process for the agreement’s negotiation and approval was fair and did not result in any unfair disadvantage for the employees.

As a result, the commission approved the St Vincent de Paul Society Queensland Employee Agreement 2020, confirming its compliance with the necessary legal standards and processes. This decision allows the agreement to proceed, providing a legally binding framework for the employment relationship between the St Vincent de Paul Society Queensland and its employees.

St Vincent de Paul Society Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established