DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Q) T/A UnitingCare Health
(AG2016/3561)

UNITINGCARE HEALTH ENGINEERING / MAINTENANCE ENTERPRISE AGREEMENT 2016- 2018

Health and welfare services
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the UnitingCare Health Engineering / Maintenance Enterprise Agreement 2016- 2018.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Health Engineering / Maintenance Enterprise Agreement 2016- 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 UnitingCare Health. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 July 2016 and, in accordance with s.54, will operate from 22 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Q) T/A UnitingCare Health brought an application before the Fair Work Commission for the approval of the UnitingCare Health Engineering / Maintenance Enterprise Agreement 2016-2018. The application was opposed by a number of parties, including the Queensland Nurses and Midwives’ Union and the Health Services Union. The dispute centered on the terms of the proposed agreement, which the applicants argued were fair and reasonable, while the opposing parties argued that certain provisions were unfair or did not comply with statutory requirements.

The legal issues before the Commission included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, whether it complied with the Fair Work (Registered Organisations) Act 2009, and whether it contained any unfair terms as defined in the Fair Work Act. The Commission also considered whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

In its decision, the Fair Work Commission found that the agreement was generally fair and reasonable, and that it complied with the relevant statutory requirements. The Commission rejected the claims that certain provisions were unfair, and found that any potential unfairness was outweighed by the benefits to the employees. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. The Commission approved the agreement, subject to certain modifications to address the concerns of the opposing parties.

The UnitingCare Health Engineering / Maintenance Enterprise Agreement 2016-2018 was approved by the Fair Work Commission, subject to the modifications outlined in the decision. The Commission found that the agreement was generally fair and reasonable, and that it complied with the relevant statutory requirements. The Commission rejected the claims that certain provisions were unfair, and found that any potential unfairness was outweighed by the benefits to the employees. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established