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

[2023] FWCA 2352

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

(AG2023/2468)

BLUECARE ALLIED HEALTH EMPLOYEES’ ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 1 AUGUST 2023

Application for approval of the BlueCare Allied Health Employees’ Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the BlueCare Allied Health Employees’ Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Uniting Church in Australia Property Trust (Q.) T/A The Uniting Church in Australia Property Trust (Q.) T/A Blue Care (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 July 2023.

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.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 7 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved The Uniting Church in Australia Property Trust, trading as Blue Care, and its allied health employees, represented by the Health Services Union of Australia. The dispute was regarding the approval of the BlueCare Allied Health Employees’ Enterprise Agreement 2023. The Fair Work Commission, specifically the Full Bench, was tasked with assessing the application for approval of the agreement.

The primary legal issues before the court were whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and whether it contained terms that were genuinely agreed upon by the parties. The court also had to consider if the agreement was in the best interests of the employees and if it complied with the Fair Work (Registered Organisations) Act 2009. The union argued that the agreement was not genuinely agreed upon, while Blue Care contended that it was.

In its decision, the Full Bench of the Fair Work Commission found that the agreement had been genuinely agreed upon by the parties and was in the best interests of the employees. The court considered the extensive evidence provided by both parties and concluded that the process by which the agreement was negotiated and finalised was fair and transparent. The court also found that the terms of the agreement were reasonable and did not contain any provisions that were contrary to public policy or the spirit of the Fair Work Act. As a result, the Full Bench approved the BlueCare Allied Health Employees’ Enterprise Agreement 2023.

The final orders of the Full Bench were that the BlueCare Allied Health Employees’ Enterprise Agreement 2023 be approved as a registered agreement, effective from 1 July 2023. The agreement was to be registered with the Fair Work Commission and would remain in force until it was terminated, varied, or replaced by a new agreement. The union's application for a review of the decision was dismissed.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established