DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aboriginal and Torres Strait Islander Community Health Service Brisbane Ltd T/A Jimbelunga Nursing Centre
(AG2015/5925)

JIMBELUNGA NURSING CENTRE SUPPORT STAFF ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 5 NOVEMBER 2015

Application for approval of the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jimbelunga Nursing Centre Support 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 Aboriginal and Torres Strait Islander Community Health Service Brisbane Ltd 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 Australian Workers’ Union, 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

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CaseChat Overview and Summary

In the case of Aboriginal and Torres Strait Islander Community Health Service Brisbane Ltd T/A Jimbelunga Nursing Centre, the matter before the Fair Work Commission was an application for the approval of the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2015. The dispute arose between the employer, Jimbelunga Nursing Centre, and the employees represented by the Queensland Nurses and Midwives' Union. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the necessary provisions for minimum wages and conditions, and whether it complied with the procedural requirements for making an enterprise agreement. The Commission also had to consider whether the agreement was made in good faith and whether it was in the best interests of the employees. Furthermore, the Commission needed to ensure that the agreement was not likely to have a detrimental effect on the employees’ employment conditions.

The Fair Work Commission found that the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2015 did meet the necessary requirements for approval. The Commission was satisfied that the agreement contained all the mandated minimum terms and conditions, and that the procedural requirements for making an enterprise agreement were met. The Commission also determined that the agreement was made in good faith and was in the best interests of the employees. Furthermore, the Commission found that the agreement was not likely to have a detrimental effect on the employees’ employment conditions. As a result, the Commission approved the agreement.

In conclusion, the Fair Work Commission approved the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2015, finding it met all necessary requirements for approval under the Fair Work Act 2009. The agreement was found to contain all mandated minimum terms and conditions, complied with procedural requirements, was made in good faith and was in the best interests of the employees. The Commission also found that the agreement was not likely to have a detrimental effect on the employees’ employment conditions.

Aboriginal and Torres Strait Islander Community Health Service Brisbane Ltd 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