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

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Uniting Church in Australia Property Trust, trading as UnitingCare Health, which sought approval for the UnitingCare Health Allied Health Enterprise Agreement 2018-2020. The dispute pertained to the terms and conditions of employment for allied health employees within the organisation, necessitating the court's scrutiny of the proposed agreement to ensure it complied with relevant industrial laws and provided fair outcomes for both employees and the employer.

The primary legal issues before the court involved whether the terms of the agreement were consistent with the provisions of the Fair Work Act 2009, including provisions related to minimum standards, bargaining, and dispute resolution. The court had to assess if the agreement provided for fair and reasonable terms and conditions, whether it adhered to the principles of good faith bargaining, and if it appropriately balanced the interests of both parties involved.

The Fair Work Commission, in its analysis, examined the evidence and submissions from both UnitingCare Health and the employees' representative, the Health Services Union of Australia. The court considered the extent to which the proposed agreement met the statutory requirements, including the need for procedural fairness and the avoidance of unjustifiable hardship. Ultimately, the Commission found that the agreement met the necessary standards and approved it, recognising that it provided for fair and reasonable terms and conditions for the employees while also accommodating the operational needs of the employer. The decision was made in the context of ensuring that the agreement was within the bounds of the law and reflected the principles of fair work.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established