DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Trust (Victoria) T/A The Uniting Church in Australia Synod of Victoria and Tasmania
(AG2018/7406)

LAY STAFF COLLECTIVE EMPLOYMENT AGREEMENT 2018 (LSCEA)

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 28 MARCH 2019

Application for approval of the Lay Staff Collective Employment Agreement 2018 (LSCEA).

[1] An application has been made for approval of an enterprise agreement known as the Lay Staff Collective Employment Agreement 2018 (LSCEA) (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 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 28 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of The Uniting Church in Australia Trust (Victoria) T/A The Uniting Church in Australia Synod of Victoria and Tasmania, the court was asked to consider an application for the approval of the Lay Staff Collective Employment Agreement 2018 (LSCEA). The dispute arose from the Uniting Church's desire to formalise its employment arrangements for lay staff, necessitating the approval of the LSCEA under the relevant industrial legislation. The primary issue before the court was whether the LSCEA complied with the statutory requirements set out in the relevant industrial laws.

The court had to determine if the LSCEA met the necessary criteria for approval, including whether it provided for the appropriate classification of employees, their conditions of employment, and if it was consistent with the overarching objectives of the relevant industrial legislation. Additionally, the court examined whether the LSCEA was negotiated in good faith and whether it provided adequate protections for the employees involved.

In its decision, the court found that the LSCEA substantially complied with the statutory requirements. The court acknowledged that while there were minor issues, they did not undermine the overall fairness and reasonableness of the agreement. The court was satisfied that the LSCEA provided for appropriate classifications and conditions of employment and that it was consistent with the objectives of the industrial legislation. Consequently, the court approved the LSCEA, allowing it to take effect.

The court's decision was based on a detailed analysis of the agreement and the relevant industrial laws. The court concluded that the minor issues did not materially affect the fairness or reasonableness of the agreement, and thus, the LSCEA was approved as a valid collective employment agreement.

The Uniting Church in Australia 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