DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UnitingCare Community
(AG2015/7035)

UNITINGCARE COMMUNITY TRANSPORT AND DISTRIBUTION ENTERPRISE AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 21 JANUARY 2016

Application for approval of the UnitingCare Community Transport and Distribution Enterprise Agreement 2015.

[1] UnitingCare Community applies for approval of an enterprise agreement known as the UnitingCare Community Transport and Distribution Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia and the Shop, Distributive and Allied Employees Association, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] On 19 January 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 28 January 2016. 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

UnitingCare Community sought approval of their 2015 Enterprise Agreement from the Fair Work Commission. The agreement pertained to the transport and distribution sectors, aiming to set out terms and conditions for employees within these industries. The parties involved in the dispute were UnitingCare Community, as the employer, and the relevant employee representatives. The Fair Work Commission, which holds jurisdiction over matters of this nature, was tasked with reviewing and approving the agreement.

The central legal issues before the Commission were whether the agreement met the statutory requirements set forth in the Fair Work Act 2009, and if it could be considered a "better off overall test" (BOOT) for the employees. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions of employment, and if it offered genuine improvements over existing conditions. Furthermore, the Commission had to assess whether the agreement appropriately balanced the interests of both employers and employees.

The Commission examined various aspects of the agreement, including wages, working hours, leave provisions, and dispute resolution mechanisms. It considered submissions from both UnitingCare Community and the employee representatives, along with broader industry trends and practices. The Commission concluded that the agreement met the statutory requirements and passed the BOOT, as it provided fair and reasonable terms and conditions of employment for the employees. Additionally, the agreement was found to appropriately balance the interests of both employers and employees, and it offered genuine improvements over existing conditions.

The Fair Work Commission approved the UnitingCare Community Transport and Distribution Enterprise Agreement 2015, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions for employees within the specified sectors, providing a framework for fair and reasonable working arrangements.

UnitingCare Community

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established