DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Communities Incorporated T/A Uniting Communities
(AG2017/2069)

UNITING COMMUNITIES INCORPORATED GENERAL STAFF AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 OCTOBER 2017

Application for approval of the Uniting Communities Incorporated General Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Communities Incorporated General Staff Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting Communities Incorporated T/A Uniting Communities. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at clause 2.2. On 6 October 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. 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 Municipal, Administrative, Clerical, and Services Union (ASU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 10 October 2017 and, in accordance with s.54, will operate from 17 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Uniting Communities Incorporated T/A Uniting Communities applied to the Fair Work Commission for approval of the Uniting Communities Incorporated General Staff Agreement 2015. The application was opposed by the Australian Services Union (ASU). The dispute centred on the scope of the agreement, specifically whether the agreement covered all employees of Uniting Communities, or if it was limited to those employees represented by the ASU. The matter was heard in the Fair Work Commission.

The key legal issue before the Commission was whether the application complied with the requirements of section 230 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the application was made in accordance with the prescribed form and whether it contained all the prescribed information. Additionally, the Commission had to consider whether the agreement was likely to achieve its intended purpose of providing a fair and efficient workplace agreement.

In determining the matter, the Commission examined the application and the contents of the proposed agreement. The Commission found that the application complied with the prescribed form and contained all the prescribed information. The Commission also found that the agreement was likely to achieve its intended purpose, as it provided for a fair and efficient workplace agreement that balanced the rights and interests of both employees and employers. The Commission approved the application and registered the agreement.

The Fair Work Commission approved the application and registered the Uniting Communities Incorporated General Staff Agreement 2015. The Commission found that the application complied with the requirements of the Fair Work Act and that the agreement was likely to achieve its intended purpose. The ASU's opposition to the application was dismissed. The agreement provides a framework for the fair and efficient operation of Uniting Communities and its employees.

Uniting Communities Incorporated T/A Uniting Communities

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established