DECISION

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

The Church of Jesus Christ of Latter-day Saints Australia
(AG2015/7589)

THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AUSTRALIA ENTERPRISE AGREEMENT 2015

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 14 DECEMBER 2015

Application for approval of The Church of Jesus Christ of Latter-day Saints Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the The Church of Jesus Christ of Latter-day Saints Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and will operate from 21 December 2015. The nominal expiry date of the Agreement is 20 December 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Church of Jesus Christ of Latter-day Saints Australia applied to the Fair Work Commission for approval of its 2015 Enterprise Agreement. The application was opposed by a number of employees who argued that the agreement did not provide adequate protections and benefits. The matter was heard by the Commission in Melbourne.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission needed to consider whether the agreement contained the minimum terms and conditions set out in the relevant award, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Act.

The Commission found that the agreement did not comply with the relevant award in a number of respects, including in relation to provisions concerning overtime, penalty rates, and shift differentials. However, the Commission also found that the agreement provided for fair and reasonable terms and conditions of employment overall, taking into account the specific circumstances of the Church and its employees. The Commission was satisfied that the agreement complied with the procedural requirements of the Act.

The Commission approved the agreement, subject to certain modifications to bring it into compliance with the relevant award. The modifications included provisions concerning overtime, penalty rates, and shift differentials. The Church and the employees were directed to take all necessary steps to give effect to the approved agreement.

The Church of Jesus Christ of Latter-day Saints Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established