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

[2013] FWCA 606

[2013] FWCA 606

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 UnitingCare Community
(AG2012/13214)

UNITINGCARE COMMUNITY ENTERPRISE AGREEMENT 2012 - 2014

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 29 JANUARY 2013

Application for approval of the UnitingCare Community Enterprise Agreement 2012 - 2014.

[1] An application has been made for approval of a single enterprise agreement known as the UnitingCare Community Enterprise Agreement 2012 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Uniting Church in Australia Property Trust (Q.) T/A UnitingCare Community.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 28 December 2013.

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

[4] On 24 January 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. An extract of the undertaking is attached to the Agreement and forms part of the Agreement.

[5] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• Australian Municipal, Administrative, Clerical and Services Union;

• Shop, Distributive and Allied Employees Association;

• United Voice;

• Transport Workers’ Union of Australia; and

• The Australian Workers’ Union of Employees, Queensland.

In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2013. The nominal expiry date of the Agreement is 4 February 2015.

COMMISSIONER

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