Uniting Church in Australia Property Trust (Q) T/A UnitingCare Health

[2019] FWCA 5973

[2019] FWCA 5973

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 UnitingCare Health
(AG2019/2585)

UNITINGCARE HEALTH ALLIED HEALTH ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 28 AUGUST 2019

Application for approval of the UnitingCare Health Allied Health Enterprise Agreement 2018-2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Uniting Church in Australia Property Trust (Q) T/A UnitingCare Health (the Applicant) for approval of the UnitingCare Health Allied Health Enterprise Agreement 2018-2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 12 August 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided signed undertakings on 20 August 2019, addressing the concerns raised.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is noted that the consultation term at clause 3.1 of the Agreement appears inconsistent with the requirements of the Act. Accordingly, the model consultation term as set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the undertakings provided and the matter raised at paragraph [5], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Coal Services, the Association of Professional Engineers, Scientists and Managers, Australia (the APESMA), the United Voice, and the Australian, Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (the ASU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the APESMA, the United Voice, and the ASU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2020.

COMMISSIONER

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Attachment A