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

[2013] FWCA 2433

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; The Uniting Church in Australia Property Trust (Q.) T/A Wesley Mission Brisbane
(AG2013/5827)

BLUE CARE/WESLEY MISSION BRISBANE NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 19 APRIL 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Blue Care/Wesley Mission Brisbane Nursing 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 Uniting Church in Australia Property Trust (Q.) t/a Blue Care; The Uniting Church in Australia Property Trust (Q.) t/a Wesley Mission Brisbane. 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] The Australian Workers’ Union (AWU); the Australian Nursing Federation (ANF); and the Queensland Nurses’ Union of Employees (QNU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 April 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust, trading as Blue Care, and The Uniting Church in Australia Property Trust, trading as Wesley Mission Brisbane, applied to the Fair Work Commission for approval of the Blue Care/Wesley Mission Brisbane Nursing Employees Enterprise Agreement 2013. The applicants sought to have the agreement approved as a low-paid industry safety net agreement. The respondents, including several unions and individual employees, opposed the application, arguing that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which had to determine whether the agreement satisfied the legislative requirements for approval.

The primary legal issue before the Commission was whether the Blue Care/Wesley Mission Brisbane Nursing Employees Enterprise Agreement 2013 met the criteria for approval as a low-paid industry safety net agreement. The relevant criteria included whether the agreement provided for minimum wages and conditions that were no less favourable than the applicable award or registered agreement, and whether it provided for the protection of vulnerable employees. The Commission also had to consider whether the agreement was consistent with the objects of the Fair Work Act 2009, including the protection of employees and the promotion of harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the Blue Care/Wesley Mission Brisbane Nursing Employees Enterprise Agreement 2013 met the criteria for approval as a low-paid industry safety net agreement. The Commission noted that the agreement provided for minimum wages and conditions that were no less favourable than the applicable award or registered agreement, and that it included provisions for the protection of vulnerable employees. The Commission also found that the agreement was consistent with the objects of the Fair Work Act 2009, including the promotion of harmonious, productive and cooperative workplace relations. The Commission approved the agreement, subject to certain conditions, including the requirement that the applicants provide certain information to the Commission on an ongoing basis.

The Fair Work Commission approved the Blue Care/Wesley Mission Brisbane Nursing Employees Enterprise Agreement 2013, subject to certain conditions. The applicants were required to provide certain information to the Commission on an ongoing basis, including details of any variations to the agreement and any payments made to employees under the agreement. The Commission also imposed a number of other conditions on the agreement, including a requirement that the applicants provide training and development opportunities to employees, and a requirement that the applicants consult with employees and their representatives on certain matters. The Commission's decision was based on its finding that the agreement met the criteria for approval under the Fair Work Act 2009, and that it was consistent with the objects of the Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established