CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church Homes T/A Juniper
(AG2015/925)

JUNIPER COMMUNITY SUPPORT WORKER ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MAY 2015

Application for approval of the Juniper Community Support Worker Enterprise Agreement 2015.

[1] The decision issued by the Fair Work Commission on 27 April 2015 [[2015] FWCA 2877] is corrected as follows:

1. By inserting a new paragraph [3] as follows:

[3] The Australian Nursing Federation and United Voice, being the 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

2. By renumbering paragraph [3] as paragraph [4].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The decision relates to the Uniting Church Homes trading as Juniper, and concerns the approval of the Juniper Community Support Worker Enterprise Agreement 2015. This enterprise agreement was submitted to the Fair Work Commission for approval. The application was made by the Australian Nursing Federation and United Voice, who acted as the bargaining representatives for the agreement. The dispute centred around whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission examined the agreement to determine if it complied with the statutory requirements and if it was in the best interest of the employees it sought to cover.

The central legal issue was whether the Juniper Community Support Worker Enterprise Agreement 2015 satisfied the requirements of section 185 of the Fair Work Act 2009, specifically if the agreement was suitable for the approval of the Commission. The Commission had to consider if the agreement covered the requisite employees, if it met the criteria for being a good faith bargaining agreement, and if it adhered to the provisions of the Act. Additionally, the Commission needed to assess the declarations provided by the Australian Nursing Federation and United Voice, confirming that the agreement was intended to cover them.

The Fair Work Commission Deputy President Gostencnik concluded that the agreement met all the statutory criteria for approval. The Deputy President noted the declarations provided by the Australian Nursing Federation and United Voice, confirming that the agreement was intended to cover these organisations. The Deputy President found that the agreement was a genuine and good faith bargaining agreement, and that it was suitable for approval under the Fair Work Act 2009. Consequently, the Commission approved the Juniper Community Support Worker Enterprise Agreement 2005. The decision was corrected to properly reflect the sequence and content of the Deputy President's findings.

Uniting Church Homes T/A Juniper

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established