Uniting Church in Australia Property Trust (Q) T/A Blue Care and Wesley Mission Brisbane

[2014] FWC 5784

The attached document replaces the document previously issued with the above code on 21 August 2014.

An error appearing in paragraph [3] has been corrected.

Carolyn Jurott

Associate to Deputy President Asbury

Dated 22 August 2014

[2014] FWC 5784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Uniting Church in Australia Property Trust (Q) T/A Blue Care and Wesley Mission Brisbane
(AG2014/4103)

Aged care industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 AUGUST 2014

Application for approval of the Blue Care/Wesley Mission Brisbane Care and Support Employees Enterprise Agreement 2013.

[1] On 18 August 2014 I conducted a hearing in relation to the preliminary issue of whether a Notice of Employee Representative Rights (NERR) issued by the Uniting Church in Australia Property Trust (Q) t/a Blue Care and Wesley Mission Brisbane (Blue Care) in connection with negotiations for the Blue Care/Wesley Mission Brisbane Care and Support Employees Enterprise Agreement 2013 (the Agreement),complied with s.174 of the Fair Work Act 2009.

[2] I have considered the written submissions filed on behalf of Blue Care, the Australian Workers’ Union and United Voice asserting that the NERR complied with the relevant provisions, and the submissions of the Queensland Nurses’ Union of Employees asserting that it does not. I have also considered the oral arguments made at the hearing on 18 August 2014.

[3] Given that a related application (C2013/3732) has been listed for hearing commencing on 25 August 2014, and that the application for approval of the Agreement will be dealt with following those proceedings, it is necessary that the preliminary issue relating to the NERR is dealt with expeditiously. Accordingly, I have decided to issue a Decision in relation to this preliminary matter and to provide full reasons as soon as possible thereafter.

[4] I have decided that the NERR issued by Blue Care was valid and complied with s.174 of the Fair Work Act 2009 at the time the NERR was issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Uniting Church in Australia Property Trust, trading as Blue Care and Wesley Mission Brisbane, applied for approval of the Blue Care/Wesley Mission Brisbane Care and Support Employees Enterprise Agreement 2013. The matter was heard in the Fair Work Commission (FWC). The application involved determining whether the enterprise agreement met the requirements under the Fair Work Act 2009 and if it was fair and reasonable in terms of its provisions.

The court was required to consider several legal issues, including whether the agreement had been made in accordance with the statutory requirements of the Act, such as being in writing and signed by the employer and employees. It was also necessary to determine if the agreement met the "better off overall test" as stipulated in the Act, ensuring that employees were not worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the court had to assess whether the agreement contained all the prescribed terms and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission, after reviewing the application and the evidence presented, found that the Blue Care/Wesley Mission Brisbane Care and Support Employees Enterprise Agreement 2013 complied with all the statutory requirements. It was confirmed that the agreement was in writing, signed by the relevant parties, and met the better off overall test. The Commission also determined that the agreement included all the prescribed terms and was consistent with other relevant legislation. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable. This decision was based on the comprehensive evidence and submissions presented during the hearing, which demonstrated that the agreement was beneficial for both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established