The Uniting Church in Australia Property Trust (Q)

[2016] FWCA 1534

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Q) T/A UnitingCare

Health

(AG2016/2403)

UNITINGCARE HEALTH CLERICAL/ADMINISTRATION

ENTERPRISE AGREEMENT 2016 - 2018

Health and welfare services

COMMISSIONER JOHNS

SYDNEY, 10 MARCH 2016

Application for approval of the UnitingCare Health Clerical/Administration Enterprise

Agreement 2016 - 2018.

[1] On 29 February 2016 The Uniting Church in Australia Property Trust (Q) T/A

UnitingCare Health (Applicant) made an application for approval of the UnitingCare Health

Clerical/Administration Enterprise Agreement 2016 - 2018 (Agreement). The application

was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a

single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.
[3] The Commission is 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.

[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), the Commission notes that the

Agreement covers this organisation.
[2016] FWCA 1534

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 17 March 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE418171 PR577862

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Q), trading as UnitingCare Health, applied for approval of the UnitingCare Health Clerical/Administration Enterprise Agreement 2016-2018. The application was made under section 185 of the Fair Work Act 2009 (Cth). This case involved the approval of a single-enterprise agreement for clerical and administrative staff within UnitingCare Health. The application was lodged within 14 days of the agreement being made, as required by law.

The legal issues in this case primarily revolved around whether the UnitingCare Health Clerical/Administration Enterprise Agreement 2016-2018 met the requirements for approval under sections 186, 187, and 188 of the Fair Work Act. Specifically, the court had to determine if the agreement was lodged within the required timeframe, if it complied with all relevant provisions of the Act, and if it was covered by a bargaining representative. The Australian Municipal, Administrative, Clerical and Services Union, acting as a bargaining representative for the agreement, had indicated its desire for the agreement to cover it.

Commissioner Johns concluded that all relevant requirements for the approval of the agreement had been satisfied. The agreement was lodged within the required timeframe and was covered by the bargaining representative. Consequently, the UnitingCare Health Clerical/Administration Enterprise Agreement 2016-2018 was approved and would operate from 17 March 2016, with a nominal expiry date of 31 December 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established