Sydney Anglican Home Mission Society Council T/A Anglicare NSW

[2013] FWCA 4736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sydney Anglican Home Mission Society Council T/A Anglicare NSW
(AG2013/7242)

ANGLICARE RETAIL AND FACTORY ENTERPRISE AGREEMENT 2013-2016

Retail industry
COMMISSIONER BULL	SYDNEY, 16 JULY 2013

Application for approval of the ANGLICARE Retail and Factory Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ANGLICARE Retail and Factory Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] Pursuant to s.185(2) of the Act an application for approval of an enterprise agreement must be accompanied by a signed copy of the Agreement. The Commission wrote to the company as the Agreement did not contain a signatory page. A document was attached to the Form F17 - Employer’s declaration in support of application for approval of enterprise agreement titled execution that included a signature on behalf of the company and a signature from an employee bargaining representative with respect to the ANGLICARE Retail and Factory Enterprise Agreement 2013-2016. The company has advised that this document forms part of the Agreement.

[3] An undertaking with respect to clause 29 - Minimum breaks between shifts, has been provided by the company that an employee will be granted a 12 hour rest period between the completion of work on one day and the commencement of work on the next day, unless an agreement between the employer and employee or employees has been reached to reduce the 12 hour rest periods to not less than 10 hours.

[4] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertaking provided.

[6] The Agreement covers employees performing work within the classifications in the part of the employer’s business known as the Shops and Factory Division, excluding management staff. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 23 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

In the matter of Sydney Anglican Home Mission Society Council trading as Anglicare NSW, the applicant sought approval of the Anglicare Retail and Factory Enterprise Agreement 2013-2016. The dispute was heard by the Fair Work Commission. The applicant argued that the proposed agreement provided for fair and reasonable terms and conditions for its employees. The applicant sought to have the agreement registered under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was in the public interest, whether it provided for fair and reasonable terms and conditions, and whether it complied with the requirements of the Fair Work Act 2009. The Commission considered the submissions of the parties and relevant legislative provisions. The Commission found that the agreement was in the public interest and provided for fair and reasonable terms and conditions for employees. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009.

The Commission approved the Anglicare Retail and Factory Enterprise Agreement 2013-2016. The applicant was granted leave to apply for approval of the agreement, and the application was subsequently approved. The agreement provides for terms and conditions that are fair and reasonable, and the Commission found that it was in the public interest. The agreement is now registered under the Fair Work Act 2009, and will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established