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

[2014] FWCA 2689

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 Health
(AG2014/910)

UNITINGCARE HEALTH CLERICAL/ADMINISTRATION ENTERPRISE AGREEMENT 2013 - 2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 24 APRIL 2014

Application for approval of the UnitingCare Health Clerical/Administration Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Health Clerical/Administration Enterprise Agreement 2013 - 2015 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The agreement is approved and will operate in accordance with s.54.

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 Health, applied for approval of the UnitingCare Health Clerical/Administration Enterprise Agreement 2013-2015. The application was made pursuant to section 234 of the Fair Work Act 2009. The dispute arose as the parties had been unable to reach an agreement on the terms of the enterprise agreement, leading to the need for an application to the Commission to approve the terms. The Commission was tasked with determining whether the proposed agreement met the statutory requirements and whether it was in the best interests of the employees and the employer.

The legal issues before the Commission included whether the proposed agreement provided for the proper operation of the enterprise and the proper management of its affairs. The Commission had to ensure that the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations, including the requirement that the agreement provide for the terms and conditions of employment. Additionally, the Commission considered whether the agreement adequately protected the rights and interests of the employees and whether it was a fair and reasonable agreement.

The Commission found that the proposed agreement was in the best interests of the employees and the employer. The agreement provided for appropriate terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission noted that the agreement had been negotiated in good faith and that it provided for the proper operation and management of the enterprise. The Commission was satisfied that the agreement met the statutory requirements and approved the UnitingCare Health Clerical/Administration Enterprise Agreement 2013-2015.

The Fair Work Commission approved the UnitingCare Health Clerical/Administration Enterprise Agreement 2013-2015. The approval was effective from the date of the decision and was to remain in force until superseded by a new agreement. The Commission's decision provided certainty for both the employer and the employees, ensuring that the terms and conditions of employment were fair and reasonable. The agreement was to be implemented in accordance with the Commission's decision, and any disputes arising under the agreement were to be resolved in accordance with the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established