Uniting Church in Australia Property Trust (Q.) T/A Wesley Mission Queensland

The matter before the court involved an application for the approval of the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018. The parties were the Uniting Church in Australia Property Trust, trading as Wesley Mission Queensland, and various unions. The dispute centred on the residual matter of whether the group covered by the agreement was fairly chosen for the purpose of section 186(3A) of the Fair Work Act 2009. Specifically, the court had to determine if the group was geographically, operationally, or organisationally distinct.

The court examined the criteria set out in section 186(3A) to ascertain whether the group of employees was fairly chosen. This involved an analysis of the geographical, operational, and organisational factors relevant to the employees covered by the agreement. The court considered whether the group shared common features that set them apart from other employees of the employer. The unions argued that the group was not fairly chosen, while Wesley Mission Queensland contended that the group was distinct and appropriately classified.

After considering the evidence and arguments presented by both parties, the court found that the group of employees covered by the agreement was fairly chosen. The court determined that the group was distinct based on geographical, operational, and organisational factors. The employees in question worked in specific locations, performed unique roles, and were part of a distinct organisational structure that justified their classification under the agreement. Consequently, the court approved the application for the agreement.

The final orders of the court included the approval of the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018. The court found that the group of employees was fairly chosen for the purpose of section 186(3A) of the Fair Work Act 2009, and the agreement was deemed to meet the necessary criteria for approval.