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 Uniting Care Health
(AG2015/4854)

UNITINGCARE HEALTH ALLIED HEALTH ENTERPRISE AGREEMENT - 2015-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 14 SEPTEMBER 2015

Application for approval of the UnitingCare Health Allied Health Enterprise Agreement - 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Health Allied Health Enterprise Agreement – 2015-2018 (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 Uniting Care Health. 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 Association of Professional Engineers, Scientists and Managers, Australia, United Voice and Together Queensland, Industrial Union of Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust, trading as Uniting Care Health, applied for the approval of the UnitingCare Health Allied Health Enterprise Agreement for the years 2015 to 2018. The application was heard by the Fair Work Commission (FWC). The agreement aimed to establish terms and conditions for employees within the allied health sector employed by Uniting Care Health. The primary dispute centred on the fairness, equity and compliance of the proposed agreement with relevant labour laws and standards.

The court was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions, if it allowed for genuine bargaining, and if it complied with procedural fairness requirements. The court also needed to assess if the agreement met the "better off overall test" (BOOT) which ensures that employees would not be worse off financially under the new agreement compared to the previous one.

The FWC examined the evidence and submissions presented by both parties, scrutinising the procedural fairness of the bargaining process and the content of the agreement. The commission considered the views of the employees and the employer, along with the broader economic context. After careful analysis, the FWC concluded that the agreement was fair and reasonable, and it met all legal requirements. The court found that the agreement was procedurally sound, provided fair terms and conditions, and satisfied the BOOT. Therefore, the FWC approved the UnitingCare Health Allied Health Enterprise Agreement for the period 2015 to 2018.

The final orders of the FWC included the approval of the UnitingCare Health Allied Health Enterprise Agreement, effective from 1 July 2015 to 30 June 2018. The agreement was to be registered with the Fair Work Commission, and all employees covered by the agreement were to be notified of the approval. The decision provided clarity and certainty for both Uniting Care Health and its allied health employees regarding their employment terms and conditions for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established