Unitingcare Queensland Limited (Uql) T/A Unitngcare Health

[2024] FWCA 3970

[2024] FWCA 3970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unitingcare Queensland Limited (Uql) T/A Unitngcare Health

(AG2024/3878)

UNITINGCARE HEALTH NON-CLINICAL EMPLOYEES ENTERPRISE AGREEMENT 2024 - 2027

Health and welfare services
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 NOVEMBER 2024

Application for approval of the UnitingCare Health Non-Clinical Employees EnterpriseAgreement 2024 - 2027

1. This decision deals with an application made for the approval of an enterprise agreement known as the UnitingCare Health Non-Clinical Employees Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by UnitingCare Queensland Limited (UQL) T/A UnitingCare Health (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to contain a different name for the employing entity to that which was eventually made. The Applicant has explained that this was the result of a restructure of its operations that employees were made aware of. The Applicant issued a second NERR with the correct name, which would have the effect of recommencing the negotiation process. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1] On that basis the second NERR was not required and no requirement for a recommencement of negotiations was triggered. 

1. The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:  

·  Schedule F of the Agreement in reference to the frequency of Maintenance Allowance being weekly not hourly; 

·  Page 80 of the Agreement having two rows incorrectly inserted which should not have been included at all; 

·  Schedule G of the Agreement incorrectly duplicating 4.2 where the second reference should be 4.3; and  

·  Page 81 of the Agreement incorrectly includes an unidentifiable rate of pay that should not have been included.

The Employer has provided an updated copy of the Agreement which corrected this error. The views of bargaining representatives are supportive of these assertions and their history. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

1. The Applicant has provided written undertakings. 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. 

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. 

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement. 

1. The Australian Workers Union (AWU) and the Australian Municipal, Administrative, Clerical and Services Union Queensland Together Branch (ASU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and ASU.

1. The Agreement is approved and will operate from 20 November 2024. The nominal expiry date of the Agreement is 30 June 2027. 

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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