DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Salvation Army (WA) Property Trust T/A The Salvation Army
(AG2018/2493)

SEAFORTH GARDENS ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 OCTOBER 2018

Application for approval of the Seaforth Gardens Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Seaforth Gardens Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for The Salvation Army (WA) Property Trust T/A The Salvation Army. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation (ANMF), United Voice (UV), Health Services Union (HSU) 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for The Salvation Army (WA) Property Trust T/A The Salvation Army sought approval for the Seaforth Gardens Enterprise Agreement 2018, which outlined terms and conditions of employment for its employees. The application was lodged in the Fair Work Commission, with the Salvation Army arguing that the agreement was fair and reasonable, and should be certified as meeting the statutory criteria. The dispute centred on the agreement's provisions regarding pay rates, leave entitlements, and other employment conditions.

The legal issues before the court involved whether the Seaforth Gardens Enterprise Agreement 2018 met the criteria for being a "single interest" enterprise agreement, as defined by the Fair Work Act 2009. The court also had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements for certification. Furthermore, the court considered whether the agreement was in the best interests of the employees covered by it.

The Fair Work Commission, after examining the evidence and submissions, found that the Seaforth Gardens Enterprise Agreement 2018 was a genuine single interest enterprise agreement. The court concluded that the agreement met the statutory criteria for being fair and reasonable, and provided for the employees' terms and conditions of employment. The agreement was found to comply with the procedural requirements for certification and was in the best interests of the employees. Accordingly, the Commission certified the agreement, making it legally binding on both the Salvation Army and its employees.

The Trustee for The Salvation Army (WA) Property Trust T/A The Salvation Army

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established