The Salvation Army (Victoria) Property Trust

[2022] FWCA 1993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Salvation Army (Victoria) Property Trust

(AG2022/1462)

THE JAMES BARKER HOUSE, ANMF AND HWU ENTERPRISE AGREEMENT 2022

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 17 JUNE 2022

Application for approval of The James Barker House, ANMF and HWU Enterprise Agreement 2022

The Salvation Army (Victoria) Property Trust (the Employer) has made an application for approval of an enterprise agreement known as The James Barker House, ANMF And HWU Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) each 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 the ANMF and the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2022. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, The Salvation Army (Victoria) Property Trust sought approval for the James Barker House, Australian Nursing and Midwifery Federation and Health Workers Union Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009, seeking the Court's approval of the agreement, which governs the employment conditions of certain employees of the Trust. The dispute arose because the Trust and the unions could not reach a consensus on the terms of the agreement, necessitating Court intervention.

The central legal issue before the Court was whether the proposed agreement met the statutory requirements for being made a registered agreement under the Fair Work Act. This involved examining whether the agreement had been fairly negotiated, included mandatory terms, and did not discriminate against employees in a manner contrary to the Act. The Court had to determine if the agreement satisfied these criteria to proceed with its approval.

The Court conducted a thorough examination of the agreement, considering the submissions from both the Trust and the unions. It found that the agreement was fairly negotiated and included all mandatory terms required by the Fair Work Act. Additionally, the Court was satisfied that the agreement did not contain any provisions that would unjustifiably discriminate against employees. Consequently, the Court determined that the agreement met the statutory requirements and granted the application for approval.

The final orders of the Court approved the James Barker House, ANMF and HWU Enterprise Agreement 2022 as a registered agreement, effective from the date of the Court's decision. This decision ensures that the terms of the agreement will govern the employment conditions of the relevant employees, providing them with legal certainty and protection under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established