The Church Of Jesus Christ Of Latter-Day Saints Australia Summary

[2024] FWCA 3433

FAIR WORK COMMISSION

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

(AG2024/3250)

THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AUSTRALIA ENTERPRISE AGREEMENT 2024 (THE AGREEMENT)

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 2 OCTOBER 2024

Application for approval of The Church of Jesus Christ of Latter-day Saints Australia Enterprise Agreement 2024 (the Agreement)

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 2024 (the Agreement) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Church Of Jesus Christ Of Latter-Day Saints Australia. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 3 November 2023 and the Agreement was made on 13 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2024. The nominal expiry date of the Agreement is 9 October 2028.

COMMISSIONER

Appendix A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Church of Jesus Christ of Latter-Day Saints Australia sought approval of an enterprise agreement from the Fair Work Commission. The application was made under the Fair Work Act 2009 and concerned the terms and conditions of employment for its employees. The Commission was required to consider whether the agreement met the criteria for approval as a simplified agreement, including whether it provided for a fair and reasonable rate of pay and conditions.

The key legal issue before the Commission was whether the agreement provided for a fair and reasonable rate of pay and conditions, taking into account the various provisions and the requirements of the Fair Work Act. The Commission had to examine the agreement's provisions in light of the statutory criteria and the principles of fairness and reasonableness.

The Commission found that the agreement provided for a fair and reasonable rate of pay and conditions. It considered the overall terms and conditions of the agreement, including the pay rates, leave entitlements, and other provisions. The Commission concluded that the agreement met the requirements for approval under the Act, and accordingly, it approved the agreement. The approval ensures that the terms and conditions of employment for the employees of The Church of Jesus Christ of Latter-Day Saints Australia are regulated by the agreement.

The Commission approved the enterprise agreement, ensuring that the terms and conditions of employment for the employees are regulated by the agreement.

The Church Of Jesus Christ Of Latter-Day Saints Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established