DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland
(AG2017/3959)

CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2017-2019

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Clerical Employees Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Clerical Employees 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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 29 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland sought approval of the Clerical Employees Enterprise Agreement 2017-2019 from the Fair Work Commission. The application was opposed by the Queensland Teachers' Union, who raised concerns about the proposed agreement's impact on employees and its compliance with various statutory provisions. The central legal issues involved the agreement's fairness, the proper scope of its application, and whether it met the criteria for approval under the Fair Work Act 2009.

The Commission examined the agreement's provisions, including those related to classification, remuneration, and other employment conditions. It assessed whether the agreement provided for a fair and reasonable balance of rights and obligations, and whether it was consistent with the principles of the Fair Work Act. The Commission also considered submissions from both parties and relevant legislative requirements. After careful deliberation, the Commission concluded that the agreement was fair and reasonable, meeting all necessary statutory criteria for approval.

The Commission approved the Clerical Employees Enterprise Agreement 2017-2019, finding that it provided a fair and reasonable balance of rights and obligations for the employees and the employer. The Commission noted the parties' commitment to resolving disputes through the agreement's dispute resolution mechanisms and found that the agreement did not contravene any relevant statutory provisions. The decision was made in the interest of achieving a fair and balanced outcome for all involved parties.

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