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

[2020] FWCA 392

[2020] FWCA 392

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
(AG2019/4496)

ANGLICARE SOUTHERN QUEENSLAND ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Clerical industry
COMMISSIONER BOOTH	BRISBANE, 24 JANUARY 2020

Application for approval of the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2019 - 2022.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland (the Applicant) for approval of the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2019 – 2022 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 17 December 2019, raising concerns in relation to the Agreement.

[3] The Applicant provided responses and proposed undertakings addressing the concerns raised, to Chambers on 8 January 2020. Signed undertakings were then provided on 16 January 2020.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] The following clauses appear inconsistent with the National Employment Standards:

•  Clause 4.6.3(b) – termination;

•  Clause 4.8.3 – redundancy;

•  Clause 4.11.3 – abandonment of employment;

•  Clause 7.3.1(a) – personal/carer’s leave; and

•  Clauses 7.6.2(a) and (b) – compassionate leave.

[6] However, noting the NES precedence clause at clause 1.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings provided and the matters raised at paragraph [5] and [6], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Australian, Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (the ASU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the ASU.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 23 January 2023.

COMMISSIONER

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Attachment A