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

[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

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 UnitingCare Community, applied for the approval of the UnitingCare Community Enterprise Agreement 2012 - 2014. The dispute arose from the negotiation process and the proposed terms of the agreement between the employer and its employees represented by the Australian Nursing and Midwifery Federation. The central issue before the Commission was whether the proposed agreement should be approved, given the potential impact on employees' working conditions, wages, and overall fairness in the workplace.

The legal issues involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included evaluating the bargaining process, the fairness of the terms and conditions proposed, and whether the agreement provided for a safety net for employees. The Commission also considered the broader context of industrial relations and the need to balance the interests of both the employer and the employees.

The Commission found that while the agreement provided for reasonable terms and conditions, it did not sufficiently address certain critical issues regarding employee entitlements and working conditions. Specifically, the Commission was concerned about the impact on employees' leave entitlements and the potential for increased workloads without commensurate benefits. After careful consideration of the submissions and evidence presented, the Commission decided not to approve the agreement. Instead, it directed the parties to return to the bargaining table to address the identified deficiencies and to negotiate a revised agreement that met the statutory requirements and provided a fair outcome for all parties involved.

In summary, the Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements are both legally compliant and fair to all employees. The Commission's ruling underscored the need for continued dialogue and negotiation between employers and employees to achieve agreements that are equitable and beneficial for all stakeholders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established