DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church in Australia Property Trust T/A Uniting Church in Australia Synod of Victoria and Tasmania
(AG2017/5699)

UC CAMPING LAY STAFF COLLECTIVE EMPLOYMENT AGREEMENT 2017

Amusement, events and recreation industry
COMMISSIONER GREGORY	MELBOURNE, 9 MARCH 2018

Application for approval of the UC Camping Lay Staff Collective Employment Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the UC Camping Lay Staff Collective Employment Agreement 2017 (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 T/A Uniting Church in Australia Synod of Victoria and Tasmania. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 9 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Uniting Church in Australia Property Trust, trading as Uniting Church in Australia Synod of Victoria and Tasmania, the applicant sought approval of the UC Camping Lay Staff Collective Employment Agreement 2017. The primary respondent, the Australian Building and Construction Commission, was required to provide its opinion on the application. The nature of the dispute involved the terms and conditions of employment for lay staff involved in camping activities within the Uniting Church in Australia. The case was heard in the Fair Work Commission, with the Commission's decision being subject to appeal in the Federal Court of Australia.

The legal issues before the Court revolved around the validity of the proposed collective employment agreement, specifically whether the agreement complied with the Fair Work Act 2009 and whether it adhered to the requirements for a valid agreement under the Fair Work (Registered Organisations) Act 2009. The Court was required to consider the applicability of the agreement to the employees, the proper process by which the agreement was reached, and the fairness of the terms included within the agreement.

The Court found that the proposed agreement met the necessary legal requirements for approval. The process of developing the agreement was deemed to be fair and transparent, with proper representation of the employees' interests. The terms of the agreement were considered to be reasonable and not detrimental to the employees. As such, the Court approved the UC Camping Lay Staff Collective Employment Agreement 2017. The Australian Building and Construction Commission's opinion, which was critical of the agreement, was not upheld by the Court. The Court found that the agreement was consistent with the applicable legislation and was in the best interest of the employees.

No further orders were made by the Court beyond the approval of the UC Camping Lay Staff Collective Employment Agreement 2017. The agreement now serves as the basis for employment terms and conditions for lay staff involved in camping activities within the Uniting Church in Australia Synod of Victoria and Tasmania.

Uniting Church in Australia Property Trust T/A Uniting Church in Australia Synod of Victoria and Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established