DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UnitingCare LifeAssist
(AG2015/4373)

UNITINGCARE LIFEASSIST STAFF ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the UnitingCare lifeAssist Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare lifeAssist Staff Enterprise 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 UnitingCare lifeAssist. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UnitingCare LifeAssist was an application for the approval of an enterprise agreement between UnitingCare Queensland and the Queensland Nurses and Midwives' Union. The application was heard by the Fair Work Commission (FWC) which, under the Fair Work Act 2009, has the authority to approve, modify, and reject enterprise agreements. The FWC was required to consider whether the agreement met the statutory requirements for approval, including that it facilitated the most efficient and productive workplace relations possible. The applicant union argued that the agreement was fair and reasonable, while the applicant employer asserted that it was necessary to ensure efficient operations and financial viability.

The central issue before the FWC was whether the agreement facilitated the most efficient and productive workplace relations possible. The FWC considered the provisions of the agreement, the submissions of both parties, and relevant precedents. The FWC found that the agreement contained provisions that were fair and reasonable, and that facilitated efficient and productive workplace relations. The FWC was satisfied that the agreement did not disadvantage employees in a manner that was not in the interests of efficient and productive workplace relations, and that it met the statutory requirements for approval.

The FWC approved the UnitingCare lifeAssist Staff Enterprise Agreement 2015, subject to minor modifications. The FWC found that the agreement facilitated efficient and productive workplace relations, and that it did not disadvantage employees in a manner that was not in the interests of efficient and productive workplace relations. The FWC also noted that the agreement contained provisions that were fair and reasonable, and that it met the statutory requirements for approval. The employer and the union were directed to implement the agreement, subject to the modifications made by the FWC.

UnitingCare LifeAssist

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established