The Baptist Union of Queensland - Carinity T/A Carinity

[2019] FWCA 4313

[2019] FWCA 4313

FAIR WORK COMMISSION

DECISION

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

The Baptist Union of Queensland - Carinity T/A Carinity
(AG2019/1172)

CARINITY SCHOOLS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER SPENCER	BRISBANE, 20 JUNE 2019

Application for approval of the Carinity Schools Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carinity Schools Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Baptist Union of Queensland – Carinity T/A Carinity (the Applicant). The Agreement is a single enterprise agreement.

[2] It is noted that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that the Notice of Employee Representation Rights (NERR) stated that the Agreement to which it related was the Carinity Schools Agreement 2014. While the NERR erroneously refers to the incorrect Agreement, I note that correspondence was provided with the NERR which correctly identifies the Carinity Schools Agreement 2014 as the current Agreement and the Carinity Schools Enterprise Agreement 2017 as the proposed Agreement to which the NERR relates. I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor procedural error, and that employees covered by this Agreement understood the error and are not disadvantaged as a result of this clear error. 1

[3] Further, I note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that the date the Agreement was made was 25 March 2019. As the approval application was lodged on 11 April 2019, it appeared as though the application had not been lodged within the required 14 days. After a response was sought from the Applicant in relation to this it was submitted that the voting period closed on 25 March 2019, however due to the vote being conducted by way of postal ballot the date the votes were counted was in fact 1 April 2019. Pursuant to s.185(3)(b) of the Act I consider it fair in the circumstances to extend the period within which the application for approval is required to be made to accommodate the need for the postal ballots to be returned and counted.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] As Clause 10 of the Agreement does not meet the requirements prescribed in s.203 of the Act, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Independent Education Union of Australia – Queensland and Northern Territory Branch being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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