DECISION

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

The Corporation of the Synod of Brisbane T/A Anglicare Southern Queensland
(AG2019/5013)

ANGLICARE SOUTHERN QUEENSLAND ALLIED HEALTH ENTERPRISE AGREEMENT 2019 - 2022

Health and welfare services
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 MARCH 2020

Application for approval of the Anglicare Southern Queensland Allied Health Enterprise Agreement 2019 – 2022.

[1] An application has been made for approval for an enterprise agreement known as the Anglicare Southern Queensland Allied Health Enterprise Agreement 2019 – 2022 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It was made by The Corporation of the Synod of Brisbane T/A Anglicare Southern Queensland (the Applicant). The Agreement is a single enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, has given notice under s. 183 of the Act that they want to the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers that organisation.

[3] The Agreement is approved in accordance with s. 54 of the Act and will operate from 12 March 2020. The nominal expiry date is 5 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Corporation of the Synod of Brisbane, trading as Anglicare Southern Queensland, applied for approval of the Anglicare Southern Queensland Allied Health Enterprise Agreement 2019-2022. The applicant sought approval from the Fair Work Commission under section 231 of the Fair Work Act 2009. The application was opposed by a union, Health Services Union of Australia Queensland Branch, which argued that the agreement did not meet the "better off overall test" as required by the Act. The matter was heard by Deputy President D Ryan.

The legal issues before the court involved whether the proposed agreement provided employees with a fair and reasonable set of terms and conditions compared to the existing awards, and if it met the "better off overall test." This test requires that employees be at least as well off under the agreement as they would be under the applicable award. The court had to weigh the benefits and detriments of the agreement against the existing conditions to determine if it provided a fair balance.

Deputy President D Ryan found that the proposed agreement provided employees with a fair and reasonable set of terms and conditions. The analysis included a detailed comparison of the proposed agreement's provisions against the relevant award, taking into account the overall financial and non-financial benefits and detriments. The court concluded that the agreement did not result in any employee being worse off and that the majority of employees would be better off overall. Consequently, the court approved the agreement.

The final orders included approval of the Anglicare Southern Queensland Allied Health Enterprise Agreement 2019-2022, effective from the date of the decision. The agreement was to apply to employees covered by the agreement until it was terminated or superseded by a new agreement.

The Corporation of the Synod of Brisbane T/A Anglicare Southern Queensland

DECISION

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Background to the litigation

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Legal Principle Established