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

[2018] FWCA 7472

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/3247)

Wesley Mission Queensland Administration Employees Enterprise Agreement 2018

Aged care industry
Commissioner Bissett	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Wesley Mission Queensland Administration Employees Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Wesley Mission Queensland Administration 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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

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.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust, trading as Wesley Mission Queensland, brought an application for approval of the Wesley Mission Queensland Administration Employees Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with Deputy President Hagger presiding. The dispute centered on the proposed enterprise agreement, which Wesley Mission Queensland sought to have approved under the Fair Work Act 2009. The respondents to the application were various unions representing employees of Wesley Mission Queensland.

The central legal issues for the court to decide were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. This included assessing whether the agreement contained all the mandated terms and conditions, whether it met the "no disadvantage" test, and whether it provided for fair and reasonable terms for the employees. The court also needed to consider if the agreement had been fairly negotiated and whether it was in the best interests of the employees.

The court found that the proposed enterprise agreement met all the statutory requirements of the Fair Work Act and contained all the mandated terms and conditions. The agreement was deemed to be in the best interests of the employees, having been negotiated fairly and providing for fair and reasonable terms. The "no disadvantage" test was satisfied, as the agreement did not place employees in a worse position than they would have been in the absence of the agreement. Consequently, the court approved the enterprise agreement.

The final order of the court was that the Wesley Mission Queensland Administration Employees Enterprise Agreement 2018 be approved under section 233 of the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the order, providing the terms and conditions of employment for the relevant employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established