DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Victoria) T/A The Uniting Church in Australia Synod of Victoria and Tasmania
(AG2021/4322)

UC CAMPING LAY STAFF COLLECTIVE EMPLOYMENT AGREEMENT 2021 (UCCLSCEA)

Amusement, events and recreation industry
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2021

Application for approval of the UC Camping Lay Staff Collective Employment Agreement 2021 (UCCLSCEA).

[1] An application has been made for approval of an enterprise agreement known as the UC Camping Lay Staff Collective Employment Agreement 2021 (UCCLSCEA) (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 (Victoria) T/A The Uniting Church in Australia Synod of Victoria and Tasmania. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 18 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Victoria), trading as The Uniting Church in Australia Synod of Victoria and Tasmania, applied for the approval of the UC Camping Lay Staff Collective Employment Agreement 2021. This case came before the Fair Work Commission, where the applicant sought to have the agreement registered with the Fair Work Commission. The nature of the dispute revolved around whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement met the criteria for registration under the Fair Work Act. Specifically, the court needed to determine if the agreement was in writing, contained the terms of employment, was signed by authorised representatives of the employer and the employees, and if it complied with the procedural requirements. Additionally, the court had to assess if the agreement contained all the mandatory terms prescribed by the Act and if it was fair and reasonable.

The court found that the UC Camping Lay Staff Collective Employment Agreement 2021 met all the necessary criteria for approval and registration. The agreement was in writing, contained the terms of employment for the lay staff, and was signed by the authorised representatives of the employer and the employees. Furthermore, the court determined that the agreement contained all the mandatory terms prescribed by the Fair Work Act and was fair and reasonable. The court emphasised that the agreement was the result of genuine negotiations between the parties and was not imposed unilaterally by the employer. Therefore, the court approved the agreement and ordered its registration with the Fair Work Commission.

The Uniting Church in Australia Property Trust (Victoria) T/A The Uniting Church in Australia Synod of Victoria and Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established