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

[2023] FWCA 403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2022/5610)

Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2022

Aged care industry
COMMISSIONER HUNT	BRISBANE, 9 FEBRUARY 2023

Application for approval of the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2022

The Corporation of The Synod of The Diocese of Brisbane T/A Anglicare Southern Queensland (the Employer) has applied for approval of an enterprise agreement known as the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised a concern regarding the Agreement with the Employer, and as a result, the Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide any views. No views were provided.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian, Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU) 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) of the Act I note that the Agreement covers the ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2023. The nominal expiry date of the Agreement is 9 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

The Corporation of The Synod of The Diocese of Brisbane T/A Anglicare Southern Queensland sought approval for the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2022 in the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed agreement with the relevant legislative framework, specifically the Fair Work Act 2009. The application was made under section 234 of the Act, which requires the agreement to be assessed for its suitability and adherence to the principles of the Act.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for registration under the Fair Work Act, and whether it provided for the fair treatment of employees. This involved examining the agreement's provisions in relation to minimum wages, hours of work, leave entitlements, and other employment conditions, ensuring that they complied with the Act and did not unfairly disadvantage employees. Additionally, the Commission had to consider whether the agreement had been made in accordance with the relevant provisions of the Act, including whether genuine bargaining had taken place.

The Fair Work Commission determined that the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2022 was fit for registration. The Commission found that the agreement contained provisions that met the legislative requirements and provided for the fair treatment of employees. The agreement was deemed to have been made in good faith and through genuine bargaining, as evidenced by the process followed by the parties. The Commission was satisfied that the agreement complied with the Fair Work Act and did not contain any unfair provisions.

In light of the findings, the Fair Work Commission approved the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2022 for registration. The agreement will now be registered and will apply to the relevant employees, setting out the terms and conditions of their employment. The decision provides clarity and certainty for the parties involved and ensures that the agreement operates within the legislative framework designed to protect the rights of employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established