DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Baptist Union of Queensland - Carinity T/A Carinity
(AG2018/2887)

THE BAPTIST UNION OF QUEENSLAND - CARINITY SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2018

Application for approval of The Baptist Union of Queensland - Carinity Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Baptist Union of Queensland - Carinity Support Services Enterprise Agreement 2017
[2] (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 Agreement is a single enterprise agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Municipal and Clerical Services Union (AMCSU), Australian Workers Union (AWU) and United Voice (UV) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Baptist Union of Queensland, acting through its subsidiary Carinity Support Services, applied for approval of an enterprise agreement with its employees represented by the Australian Services Union. The matter was heard in the Fair Work Commission. The crux of the dispute was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the minimum entitlements provided to the employees. The application hinged on the interpretation of certain provisions within the Act and the fairness of the agreement in relation to the employees' rights.

The Commission examined whether the agreement adhered to the procedural mandates set forth in the Fair Work Act, ensuring that the bargaining process was genuine and that the agreement was made in good faith. Additionally, the court considered whether the proposed agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other entitlements as per the relevant industrial instruments. The analysis involved a detailed scrutiny of the agreement's provisions, the bargaining process, and the implications for the employees' rights.

In its decision, the Commission found that the bargaining process was conducted in good faith and the agreement met the statutory requirements. The terms of the agreement were deemed fair and reasonable, providing adequate protection for the employees' rights and entitlements. The Commission concluded that the agreement should be approved, as it complied with the legislative framework and did not disadvantage the employees. The application was therefore granted.

The Fair Work Commission approved the application and registered the enterprise agreement under the Fair Work Act 2009. The decision ensures that the agreement will govern the employment conditions of the employees for the specified period, subject to the terms and conditions outlined in the agreement.

The Baptist Union of Queensland - Carinity T/A Carinity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established