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

[2013] FWCA 183

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
(AG2012/12856)

ANGLICARE SOUTHERN QUEENSLAND ALLIED HEALTH ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2013

Application for approval of the Anglicare Southern Queensland Allied Health Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Anglicare Southern Queensland Allied Health Enterprise Agreement 2012 (the Agreement). The application was made pursuant to 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Together Queensland, Industrial Union of Employees, 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 13 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Corporation of the Synod of the Diocese of Brisbane, trading as Anglicare Southern Queensland, applied for approval of the Anglicare Southern Queensland Allied Health Enterprise Agreement 2012. The application was made under section 178 of the Fair Work Act 2009. The dispute was primarily about whether the proposed agreement met the criteria for approval under the Act, specifically whether it contained certain 'protected actions' that would make it unfair.

The legal issues that arose for the court's consideration were whether the agreement was procedurally valid and whether it contained any unfair protected actions. The applicant argued that the agreement was procedurally sound and contained no unfair protected actions. The respondent contended that the agreement did not meet the requirements for approval as it contained unfair protected actions and did not follow the proper procedural steps.

The court examined the agreement in detail, considering the process by which it was negotiated and the content of the agreement itself. The court found that the agreement was procedurally valid as it was negotiated in good faith and followed the proper processes. Regarding the content, the court considered whether any of the provisions in the agreement were unfair protected actions. The court determined that none of the provisions constituted unfair protected actions. Consequently, the court approved the agreement under section 178 of the Fair Work Act 2009.

The final orders made by the court were that the Anglicare Southern Queensland Allied Health Enterprise Agreement 2012 be approved under section 178 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would be in effect from the date of the approval.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established