DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Centacare Cairns
(AG2015/4046)

CENTACARE CAIRNS ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 31 JULY 2015

Application for approval of the Centacare Cairns Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Centacare Cairns Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Centacare Cairns. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Centacare Cairns sought approval of the Centacare Cairns Enterprise Agreement 2015 from the Fair Work Commission. The dispute arose from negotiations between Centacare and its employees, specifically concerning the terms and conditions of employment for the affected workers. The matter was heard and determined by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and approval of various clauses within the proposed enterprise agreement, including those related to wages, hours of work, and other employment conditions. The Commission was required to assess whether the agreement met the requirements for approval under the Fair Work Act, including ensuring that it did not contain any terms that would be contrary to public policy or result in a detriment to the employees. The primary concern was whether the proposed agreement provided a safety net for employees that was not less favourable than the applicable award or registered agreement, and whether it contained terms that were consistent with the broader objectives of the Act.

In considering the matter, the Fair Work Commission examined the proposed agreement in detail and took into account the submissions made by Centacare and the employees' representatives. The Commission found that the proposed agreement provided a safety net that was not less favourable than the applicable award, and that it contained terms that were consistent with the objectives of the Act. The Commission was satisfied that the agreement would not result in any detriment to the employees and approved the Centacare Cairns Enterprise Agreement 2015. The Commission's decision was based on the evidence and arguments presented by the parties, and its consideration of the relevant legal framework.

In summary, the Fair Work Commission approved the Centacare Cairns Enterprise Agreement 2015, finding that it met the requirements for approval under the Fair Work Act. The Commission's decision was based on its assessment of the proposed agreement and the submissions made by the parties, and its consideration of the relevant legal framework. The decision provides clarity for Centacare and its employees regarding the terms and conditions of their employment, and ensures that the agreement is consistent with the broader objectives of the Act.

The Roman Catholic Trust Corporation for the Diocese of Cairns T/A Centacare Cairns

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established