DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland
(AG2017/4327)

ANGLICARE SOUTHERN QUEENSLAND RESIDENTIAL AND HOME CARE SECTOR AND SUPPORT WORKERS ENTERPRISE AGREEMENT 2017-2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 23 FEBRUARY 2018

Application for approval of the Anglicare Southern Queensland Residential and Home Care Sector and Support Workers Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Anglicare Southern Queensland Residential and Home Care Sector and Support Workers Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland. The Agreement is a single enterprise agreement.

[2] The agreement lodged contained errors. On 20 September 2017, the Applicant provided a letter containing the corrections requested. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. The letter containing the corrections is attached in Annexure A.

[3] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure B to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, 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.

[7] United Voice and the Australian Workers’ Union and being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

In the matter of the Corporation of the Synod of the Diocese of Brisbane trading as Anglicare Southern Queensland, the Fair Work Commission was called upon to approve an enterprise agreement between the employer and its employees. The dispute centred on the proposed Anglicare Southern Queensland Residential and Home Care Sector and Support Workers Enterprise Agreement 2017-2019. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues for the Commission to consider included whether the agreement met the formal requirements under the Fair Work Act, such as whether it had been appropriately certified by an independent third party, and whether it contained all the mandatory terms and conditions as stipulated by the Act. Additionally, the Commission had to assess whether the agreement was free from any unfair content and whether it was in the best interests of the employees it covered. The fairness test required the Commission to consider whether the agreement provided for a safety net of minimum entitlements, and whether it was free from any content that would have an adverse effect on employees' job security or health and safety.

The Fair Work Commission found that the proposed agreement met all the formal requirements under the Fair Work Act and contained all the necessary mandatory terms and conditions. The Commission also determined that the agreement was free from any unfair content and was in the best interests of the employees it covered. The Commission was satisfied that the agreement provided for a safety net of minimum entitlements and did not contain any provisions that would adversely affect employees' job security or health and safety. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Anglicare Southern Queensland Residential and Home Care Sector and Support Workers Enterprise Agreement 2017-2019, effective from the date of the decision. The Commission's approval ensures that the agreement is legally binding on the parties and provides a framework for the employment conditions of the employees covered by the 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