DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church Homes T/A Juniper A Uniting Church Community
(AG2017/3199)

JUNIPER COMMUNITY SUPPORT WORKER ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 29 NOVEMBER 2017

Application for approval of the Juniper Community Support Worker Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Juniper Community Support Worker Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting Church Homes T/A Juniper A Uniting Church Community. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] United Voice, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Uniting Church Homes, trading as Juniper, a community support worker enterprise agreement dated 2017. The applicant sought the court's approval of the agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including provisions on wages, hours of work, and other terms and conditions of employment.

The court was required to determine whether the agreement complied with the statutory criteria for approval. This included assessing whether the agreement was in writing, whether it provided for a fair and efficient system for determining wages and other terms and conditions, and whether it provided for an appropriate mechanism for dispute resolution. The court also needed to consider whether the agreement had been made in good faith and whether it provided for procedural fairness.

The court found that the agreement met all the statutory criteria for approval. The agreement was in writing and provided for a fair and efficient system for determining wages and other terms and conditions. The court also found that the agreement provided for an appropriate mechanism for dispute resolution and that it had been made in good faith. The court was satisfied that the agreement provided for procedural fairness, and therefore approved the agreement.

The Fair Work Commission approved the Uniting Church Homes T/A Juniper A Uniting Church Community Support Worker Enterprise Agreement 2017. The court found that the agreement met all the statutory criteria for approval and provided for procedural fairness. The agreement was therefore approved.

Uniting Church Homes T/A Juniper A Uniting Church Community

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established