The Uniting Church in Australia Property Trust (Q.) T/A Blue Care and Wesley Mission Brisbane

[2014] FWCA 2688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Uniting Church in Australia Property Trust (Q.) T/A Blue Care and Wesley Mission Brisbane
(AG2014/916)

BLUE CARE/WESLEY MISSION BRISBANE ADMINISTRATION EMPLOYEES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 24 APRIL 2014

Application for approval of the Blue Care/Wesley Mission Brisbane Administration Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Blue Care/Wesley Mission Brisbane Administration Employees Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the The Uniting Church in Australia Property Trust (Q.) T/A Blue Care and Wesley Mission Brisbane. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Uniting Church in Australia Property Trust, trading as Blue Care and Wesley Mission Brisbane, made an application for the approval of the Blue Care/Wesley Mission Brisbane Administration Employees Enterprise Agreement 2013. The application was contested by the Queensland Teachers’ Union, the Australian Services Union, and the Australian Manufacturing Workers’ Union, who were not parties to the agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it appropriately reflected the parties’ bargaining power and other relevant considerations.

The central legal issues revolved around the proper interpretation and application of the Fair Work Act 2009 to the agreement. The Commission needed to determine whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by law, and whether it met the standards of procedural fairness. Additionally, the Commission considered whether the agreement adequately addressed the bargaining power of the parties and whether it was consistent with the principles of good faith bargaining and the protection of vulnerable employees.

After thorough examination of the evidence and submissions, the Commission found that the agreement substantially complied with the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement was made in good faith and that it contained all the mandated minimum terms and conditions. The bargaining power of the parties was deemed to be appropriately balanced, and the agreement was found to be fair and reasonable. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Blue Care/Wesley Mission Brisbane Administration Employees Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all terms and conditions were to be binding on the parties in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established