DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church Homes T/A Juniper A Uniting Church Community
(AG2017/3004)

JUNIPER ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Juniper Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Juniper 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 Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Nursing and Midwifery Federation, and United Voice, being 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 declaration provided by these organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicant, Uniting Church Homes, trading as Juniper A Uniting Church Community, sought approval of the Juniper Enterprise Agreement 2017 from the Fair Work Commission. The application was made under section 235 of the Fair Work Act 2009, which requires that the agreement be assessed to ensure it meets the criteria for registration, including that it provides for the protection of employees' rights and interests.

The legal issues before the court were whether the Juniper Enterprise Agreement 2017 was a “single interest” enterprise agreement as defined in the Fair Work Act, and whether it complied with the provisions of the Act, including those relating to the protection of employees' rights and interests. The applicant argued that the agreement was a single interest enterprise agreement, as it covered employees of a single employer, and that it complied with the requirements of the Act. The respondent, however, contended that the agreement did not meet the criteria for registration, as it did not adequately protect employees' rights and interests.

The court found that the Juniper Enterprise Agreement 2017 was a single interest enterprise agreement, as it covered employees of a single employer. The court also found that the agreement complied with the requirements of the Fair Work Act, including those relating to the protection of employees' rights and interests. The court noted that the agreement provided for the fair and equitable treatment of employees, and that it included provisions for the resolution of disputes and the protection of employees' entitlements. The court was satisfied that the agreement met the criteria for registration, and accordingly approved the application for approval of the Juniper Enterprise Agreement 2017.

The court's approval of the Juniper Enterprise Agreement 2017 means that it is now a registered agreement, and is therefore legally binding on the parties. The agreement will govern the terms and conditions of employment for the employees covered by the agreement, and will provide a framework for the resolution of any disputes that may arise between the employer and employees. The approval of the agreement is an important step in ensuring that the rights and interests of employees are protected in the workplace.

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