The Salvation Army (QLD) Property Trust as Trustee for the Social Work T/A The Salvation Army Aged Care Plus

[2013] FWCA 600

FAIR WORK COMMISSION

DECISION

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

The Salvation Army (QLD) Property Trust as Trustee for the Social Work T/A The Salvation Army Aged Care Plus
(AG2012/8638)

THE SALVATION ARMY, AGED AND HOME CARE SERVICES ENTERPRISE AGREEMENT 2011-2014

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 29 JANUARY 2013

Application for approval of The Salvation Army, Aged and Home Care Services Enterprise Agreement 2011-2014.

[1] An application has been made for approval of a single enterprise agreement known as The Salvation Army, Aged and Home Care Services Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Salvation Army (QLD) Property Trust as Trustee for the Social Work T/A The Salvation Army Aged Care Plus.

[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 following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• Australian Nursing Federation

• Queensland Nurses Union of Employees;

• United Voice; and

• The Australian Workers’ Union of Employees, Queensland.

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 5 February 2013. The nominal expiry date of the Agreement is 1 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Salvation Army (QLD) Property Trust as Trustee for the Social Work T/A The Salvation Army Aged Care Plus sought approval for the Aged and Home Care Services Enterprise Agreement 2011-2014. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement provided for the proper resolution of workplace disputes and the rights and obligations of employees and employers, as mandated by the legislation.

The legal issues before the Commission included whether the agreement provided for a fair and effective process for resolving workplace disputes, whether it adequately covered the rights and obligations of employees and employers, and whether it complied with the procedural fairness requirements under the Fair Work Act 2009. The Commission had to assess whether the agreement was fair and reasonable in terms of its provisions and whether it was genuinely negotiated between the parties.

The Fair Work Commission found that the agreement was generally fair and reasonable, and it met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a process for resolving workplace disputes, which included provisions for conciliation and arbitration. The Commission also found that the agreement covered the rights and obligations of employees and employers, and it provided for a range of employment conditions, including wages, hours of work, and leave entitlements. The Commission concluded that the agreement was genuinely negotiated and that the process for its negotiation was fair and reasonable.

The Fair Work Commission approved the Aged and Home Care Services Enterprise Agreement 2011-2014, subject to certain modifications to address specific concerns raised during the hearing. The Commission made orders to ensure that the agreement complied with the procedural fairness requirements under the Fair Work Act 2009. The orders included a requirement for the employer to provide employees with a copy of the agreement and a requirement for the employer to display a notice advising employees of their right to make a protected industrial action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established