The Salvation Army (NSW) Property Trust

[2015] FWCA 6945

[2015] FWCA 6945

FAIR WORK COMMISSION

DECISION

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

The Salvation Army (NSW) Property Trust
(AG2015/4761)

AGED CARE PLUS ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 8 OCTOBER 2015

Application for approval of the Aged Care Plus Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Plus 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 Salvation Army (NSW) Property Trust and The Salvation Army (QLD) Property Trust (collectively the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 25 August 2015. The application included a Statutory Declaration of Daniel Kensey made on behalf of the Employer and dated 25 August 2015 (the Declaration). The Declaration stated that the Agreement was made on 12 August 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Queensland Nurses’ Union of Employees (QNU) being a bargaining representative for the Agreement, raised objections to the approval of the Agreement. The Commission made Directions for the filing and service of material in preparation for a Hearing of the application which was scheduled for 12 October 2015.

[4] The Commission has received correspondence dated 6 October 2015, from the QNU which advised that it withdrew its objections to the approval of the Agreement noting that Undertakings dated 2 October 2015, had been made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] Consequently I have further considered the application for approval having regard for the further material provided in support of the application and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.
[7] The application for approval was listed for Hearing in Chambers before the Commission on 8 October 2015. I note that the file has included Statutory Declarations of:

● Fran Johnston made on behalf of the Health Services Union (the HSU), as an employee organisation in relation to the application;

● Thomas Cullen made on behalf of the Australian Nursing and Midwifery Federation (the ANMF), as an employee organisation in relation to the application;

● Garry Bullock made on behalf of the United Voice (the UV), as an employee organisation in relation to the application;

● Benjamin Charles Swan made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application; and,

● Kevin Murray Crank made on behalf of the Queensland Nurses’ Union of Employees (QNU) as an employee organisation in relation to the application.

[8] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 31.

[9] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[10] The HSU, the ANMF, the UV, the AWU and the QNU being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU, the ANMF, the UV, the AWU and the QNU.

[11] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 15 October 2015. The nominal expiry date of the Agreement as specified in clause 5.1 of the Agreement, is 30 June 2017.

COMMISSIONER

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