Uniting Church Homes T/A Juniper

[2022] FWCA 2795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Uniting Church Homes T/A Juniper

(AG2022/3061)

JUNIPER ENTERPRISE AGREEMENT 2022

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 17 AUGUST 2022

Application for approval of the Juniper Enterprise Agreement 2022

Uniting Church Homes (the Employer) has made an application for approval of an enterprise agreement known as the Juniper Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

The Employer 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

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Nursing and Midwifery Federation (ANMF), the Health Services Union (HSU), and the United Workers Union (UWU), each being a bargaining representative 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) of the Act, I note that the Agreement covers the ANMF, the HSU, and the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Uniting Church Homes T/A Juniper, the Fair Work Commission was asked to consider an application for the approval of the Juniper Enterprise Agreement 2022. The agreement was submitted by Uniting Church Homes, trading as Juniper, and involved the employees who were part of the organisation's workforce. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included verifying that the agreement contained the requisite minimum terms and conditions, assessing whether the agreement was made in good faith, and ensuring that the agreement was free from any unfair content. Furthermore, the Commission had to consider whether the agreement provided appropriate mechanisms for dispute resolution and whether it adhered to the procedural requirements for such agreements.

The Commission examined the submission in detail, scrutinising the terms and conditions to ensure compliance with the statutory minimum standards. The Commission determined that the agreement was made in good faith and contained no unfair provisions. The procedural requirements for the agreement were also found to be satisfied. As a result, the Commission approved the Juniper Enterprise Agreement 2022.

The final orders of the Commission were that the agreement be approved and registered in accordance with the Fair Work Act 2009, effective from the date of the decision. This approval ensured that the agreement would be legally binding on the parties involved, providing a framework for their industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established