The Uniting Church in Australia Property Trust (Q) Summary

[2016] FWCA 1064

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

Health

(AG2015/7733)

UNITINGCARE HEALTH SUPPORT SERVICES ENTERPRISE

AGREEMENT 2016 - 2018

Health and welfare services

COMMISSIONER JOHNS

SYDNEY, 18 FEBRUARY 2016

Application for approval of the UnitingCare Health Support Services Enterprise Agreement

2016 - 2018.

[1] On 18 December 2015 The Uniting Church in Australia Property Trust (Q)

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

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, has been met.

[4] The Australian Workers’ 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 1064

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

operate from 25 February 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Q) applied to the Fair Work Commission for approval of the UnitingCare Health Support Services Enterprise Agreement 2016-2018. The applicant is a non-profit organisation providing health and welfare services under the UnitingCare brand. The legal basis for the application was section 185 of the Fair Work Act 2009, which allows for the approval of enterprise agreements. The application was made within the required 14 days of the agreement being made.

The main legal issues the Commission needed to address were whether the agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act, which set out the criteria for an agreement to be approved. The Commission also needed to consider whether the Australian Workers' Union, a bargaining representative for the agreement, had opted in for the agreement to cover it. The Commission found that the agreement met all the relevant requirements and that the union had opted in for the agreement to cover it.

Based on its findings, the Commission approved the agreement, which will operate from 25 February 2016 until 31 December 2018. The approval was in accordance with section 54 of the Fair Work Act. The Commission was satisfied that the agreement met all the necessary criteria and that the parties had followed the correct procedures in making the agreement.

The Uniting Church in Australia Property Trust (Q)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established