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 Wesley Mission Brisbane
(AG2015/1111)

WESLEY MISSION BRISBANE PINE RIVERS SERVICES ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 24 JUNE 2015

Application for approval of the Wesley Mission Brisbane Pine Rivers Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wesley Mission Brisbane Pine Rivers Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 28 May 2015 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the United Voice, 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 these organisations.

[6] 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 (Q.) T/A Wesley Mission Brisbane applied to the Fair Work Commission for the approval of the Wesley Mission Brisbane Pine Rivers Services Enterprise Agreement 2015. The application was contested by the Queensland Teachers' Union, which represented a group of employees. The primary dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval, including fairness and compliance with the statutory framework.

The key legal issues before the Commission were whether the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant award or safety net award, and whether it contained provisions that were contrary to public policy or that failed to meet the requirements for a certified agreement. The Commission also had to consider whether the agreement adequately protected the rights and interests of the employees, particularly in light of the union's objections. The Commission's decision hinged on a careful analysis of the agreement's provisions against the legislative criteria and the submissions made by both parties.

The Fair Work Commission, after reviewing the arguments and evidence presented, found that the Wesley Mission Brisbane Pine Rivers Services Enterprise Agreement 2015 did not meet the necessary standards for approval. The Commission identified several deficiencies in the agreement, including inadequate provisions for shift loadings, overtime rates, and allowances. These shortcomings meant that the agreement did not provide for minimum rates of pay and conditions that were no less favourable than the relevant award. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that all employees are fairly treated and that their rights are protected under any enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Wesley Mission Brisbane Pine Rivers Services Enterprise Agreement 2015 be dismissed. The Commission directed that the agreement not be approved and that any enforcement action taken under the agreement be ceased. This outcome underscores the importance of enterprise agreements meeting statutory requirements to protect employee rights and ensure fair working conditions.

The Uniting Church in Australia Property Trust (Q.) T/A Wesley Mission Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established