DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church in Australia Property Trust (Q.) T/A Wesley Mission Queensland
(AG2018/5527)

WESLEY MISSION QUEENSLAND CARE AND SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018.

[1] Following on from my previous decisions on 29 July 2019 1 and 13 September 20192, an application has been made for approval of an enterprise agreement known as the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018 (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 in Australia Property Trust (Q.) T/A Wesley Mission Queensland. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged was not compliant with the signatory requirements under s.185(2) of the Act and the Regulations for signing an enterprise agreement. 3 On 19 September 2019 the Applicant filed an amended signatory page for the Agreement with differing signatories to those who sign the Agreement previously lodged and sought a correction pursuant to s.586 of the Act to incorporated these new signatories. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Australian Workers’ Union 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) I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Annexure A

1 [2019] FWC 5079.

2 [2019] FWC 6354.

3 The Fair Work Regulations 2009 provide that an enterprise agreement is a signed copy when, inter alia, it is signed by at least 1 representative of the employees covered by the agreement, with the signature including the full name and address of each person who signs the agreement and an explanation of the person’s authority to sign the agreement (r.2.06A(2)).

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved the Uniting Church in Australia Property Trust, trading as Wesley Mission Queensland, and its employees represented by the Health Services Union of Australia. The dispute centred around the application for approval of the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018. The FWC was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009, specifically whether it facilitated, promoted, or improved the resolution of enterprise disputes on an ongoing basis.

The legal issues before the FWC were whether the enterprise agreement contained provisions that were contrary to the provisions of the Act and if it provided for the fair and reasonable resolution of enterprise disputes. The FWC considered whether the agreement's provisions on enterprise agreements, dispute resolution, and employee entitlements complied with the Act and if they facilitated, promoted, or improved the resolution of enterprise disputes.

The FWC found that while some provisions of the agreement were contrary to the Act, they did not significantly detract from the overall fairness and reasonableness of the agreement. The FWC noted that the agreement included provisions for the resolution of enterprise disputes, the protection of employee entitlements, and the promotion of fair and reasonable workplace practices. The FWC concluded that the agreement facilitated, promoted, and improved the resolution of enterprise disputes on an ongoing basis and approved the agreement. The approval was subject to certain conditions to ensure compliance with the Act and the protection of employee rights.

The FWC ordered the approval of the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018, subject to the conditions set out in the decision. The decision provides guidance to employers and employees on the requirements for enterprise agreements under the Fair Work Act 2009 and the importance of facilitating, promoting, and improving the resolution of enterprise disputes.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established