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

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland applied to the Fair Work Commission for the approval of the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2019 - 2022. The application was opposed by the Queensland Council of Trade Unions. The nature of the dispute centred around the provisions of the proposed enterprise agreement, specifically those related to employee entitlements, working conditions, and dispute resolution mechanisms. The case was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the proposed agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test". The court also had to consider whether the agreement was consistent with the national workplace relations system, and whether it provided for an effective dispute resolution process. Additionally, the court needed to determine whether the agreement contained any provisions that were contrary to public policy or that could potentially lead to adverse economic consequences.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The court noted that the agreement provided for fair and reasonable terms and conditions for employees, and that it complied with the "better off overall test". The court also found that the agreement was consistent with the national workplace relations system, and that it provided for an effective dispute resolution process. The court rejected the argument that the agreement contained any provisions that were contrary to public policy or that could potentially lead to adverse economic consequences. The Commission approved the Anglicare Southern Queensland Administrative Employees Enterprise Agreement 2019 - 2022, subject to certain variations to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the enterprise agreement with the aforementioned variations, and the registration of the agreement on the Register of Approved Agreements. The Commission also ordered that the agreement be brought into effect on the date of the Commission's decision, and that it would remain in force until the end of the agreed period or until terminated in accordance with its terms. The decision provides clarity for both the employer and employees regarding the terms and conditions of employment under the approved agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established