DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army (Western Australia) Property Trust as Trustee for The Salvation Army (WA) Social Work T/A Bridge House
(AG2016/4095)

THE SALVATION ARMY (TSA) BRIDGE HOUSE ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 6 OCTOBER 2016

Application for approval of The Salvation Army (TSA) Bridge House Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Salvation Army (TSA) Bridge House Enterprise Agreement 2016 (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 (Western Australia) Property Trust as Trustee for The Salvation Army (WA) Social Work T/A Bridge House. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Salvation Army (Western Australia) Property Trust as Trustee for The Salvation Army (WA) Social Work T/A Bridge House sought approval for the Enterprise Agreement 2016 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees of The Salvation Army Bridge House Enterprise, which provides services to vulnerable people. The application was brought before the Fair Work Commission.

The legal issues that the Commission was required to determine included whether the Enterprise Agreement was free from unlawful content, whether it was made in accordance with the relevant provisions of the Fair Work Act, and whether the agreement had been properly certified. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the Enterprise Agreement was free from unlawful content and was made in accordance with the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement was appropriately certified, and that it met the requirements of the Fair Work Act. The Commission approved the Enterprise Agreement 2016.

The Fair Work Commission approved the Enterprise Agreement 2016, finding it to be free from unlawful content, made in accordance with the Fair Work Act, and providing for fair and reasonable terms and conditions of employment. The Commission certified the agreement under section 234 of the Fair Work Act.

The Salvation Army (Western Australia) Property Trust as Trustee for The Salvation Army (WA) Social Work T/A Bridge House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established