DECISION

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

Aboriginal and Torres Strait Islander Community Health Service Brisbane Limited T/A Jimbelunga Nursing Centre
(AG2015/5924)

JIMBELUNGA NURSING CENTRE - NURSES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 5 NOVEMBER 2015

Application for approval of the Jimbelunga Nursing Centre - Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jimbelunga Nursing Centre - Nurses 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 the Aboriginal and Torres Strait Islander Community Health Service Brisbane Limited T/A Jimbelunga Nursing Centre. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Queensland Nurses’ Union of Employees, being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Aboriginal and Torres Strait Islander Community Health Service Brisbane Limited, trading as Jimbelunga Nursing Centre, and its employees. The dispute centred around the application for the approval of the Nurses Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it was appropriately certified by the relevant authorities, and if it contained the necessary minimum terms and conditions of employment as stipulated by the Act. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the nurses employed by the Centre.

In examining the agreement, the Commission found that it adhered to the necessary procedural requirements, including the involvement of independent experts and the appropriate certification process. It also determined that the agreement contained all the required minimum terms and conditions as mandated by the Fair Work Act. Furthermore, the Commission concluded that the agreement was fair and reasonable, taking into account the specific needs and circumstances of the employees and the employer. Consequently, the Commission approved the Nurses Enterprise Agreement 2015, confirming its compliance with all relevant legal standards.

The Fair Work Commission ordered that the Nurses Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable between the Aboriginal and Torres Strait Islander Community Health Service Brisbane Limited and its nursing staff. The approval of the agreement provides certainty and stability for both the employer and employees, allowing for the continued operation of the Jimbelunga Nursing Centre under the terms outlined in the agreement.

Aboriginal and Torres Strait Islander Community Health Service Brisbane Limited T/A Jimbelunga Nursing Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established