The Salvation Army (Vic) Property Trust As Trustee For Social Work T/A James Barker House

Case [2024] FWCA 4505
[2024] FWCA 4505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Salvation Army (Vic) Property Trust As Trustee For Social Work T/A James Barker House

(AG2024/3942)

THE JAMES BARKER HOUSE, ANMF AND HWU ENTERPRISE AGREEMENT 2024

Health and welfare services

COMMISSIONER CONNOLLY

MELBOURNE, 16 DECEMBER 2024

Application for approval of The James Barker House, ANMF and HWU Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as The James Barker House, ANMF and HWU Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Salvation Army (Vic) Property Trust As Trustee For Social Work T/A James Barker House (the Applicant). The Agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 7 November 2024.

  1. The notification time for the Agreement under s.173(2) was 19 February 2024 and the Agreement was made on 24 September 2024.  Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

  1. On 19 November 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

  1. The Applicant has provided written undertakings, dated 12 December 2024, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

  1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

  1. The Health Services Union and Australian Nursing and Midwifery Federation being bargaining representatives 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 these organisations.

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 December 2027.

COMMISSIONER

Annexure A


[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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Details
AGLC
The Salvation Army (Vic) Property Trust As Trustee For Social Work T/A James Barker House [2024] FWCA 4505
Case
[2024] FWCA 4505
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between The Salvation Army (Vic) Property Trust as trustee for Social Work T/A James Barker House and the Australian Nursing and Midwifery Federation (ANMF) and Health Workers' Union (HWU). The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009. The Commission was required to assess if the agreement met the criteria for approval, including its fairness and compliance with relevant laws.

The primary legal issue was whether the proposed enterprise agreement was procedurally and substantively fair and met the statutory requirements outlined in the Fair Work Act. This involved examining if the agreement was made in good faith, if it had been genuinely bargained between the parties, and whether it contained terms that were fair and reasonable. The Commission also had to consider the impact of the agreement on the employees and whether it provided for minimum entitlements as prescribed by the Act.

The Fair Work Commission found that the proposed agreement was procedurally fair, as it was genuinely bargained between the parties and met the procedural requirements. The Commission further determined that the agreement contained terms that were fair and reasonable, providing for minimum entitlements and ensuring procedural fairness. The Commission approved the agreement, stating that it met the criteria for approval under the Fair Work Act.

The Commission approved the James Barker House, ANMF and HWU Enterprise Agreement 2024, effective from 1 April 2024. This decision concluded that the agreement was procedurally fair and provided for fair and reasonable terms, including minimum entitlements as required by the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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