DECISION

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

Aboriginal and Torres Strait Islander Community Health Service Brisbane
(AG2019/2563)

JIMBELUNGA NURSING CENTRE - NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 30 AUGUST 2019

Application for approval of the Jimbelunga Nursing Centre - Nurses Enterprise Agreement 2019.

[1] The Aboriginal and Torres Strait Islander Community Health Service Brisbane (ATSICHS) has applied for approval of an enterprise agreement known as the Jimbelunga Nursing Centre - Nurses Enterprise Agreement 2019 (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 Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with ATSICHS, and as a result, written undertakings were made by ATSICHS. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the view of the Australian Nursing and Midwifery Federation (ANMF), and its Queensland branch, the Queensland Nurses and Midwives’ Union (QNMU), regarding the undertakings provided by ATSICHS. The ANMF stated that it did not have any feedback to provide on ATSICHS’ proposed undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The ANMF 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) I note that the Agreement covers the ANMF.

[6] I note that Clause 20.3 of the Agreement states “The hours of work on any day will be continuous except for meal breaks, subject to clauses 20.4 and Error! Reference source not found.. [original emphasis]”. In the statutory declaration of Mr Daniel Ackland, Director – Corporate Services for ATSICHS filed in support of the application, Mr Ackland declares that the ‘error reference’ originally referred to a clause regarding broken duty periods, but that clause was removed from the Agreement during negotiations. The ‘error reference’ mistakenly was not removed from Clause 20.3 of the Agreement and Clause 20.3 of the Agreement should refer only to clause 20.4 of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2019. The nominal expiry date of the Agreement is two years after the date that the Commission approves the Agreement.

COMMISSIONER

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Attachment A:

The case before the Fair Work Commission involved the Aboriginal and Torres Strait Islander Community Health Service Brisbane and its employees. The dispute centred around the approval of the Jimbelunga Nursing Centre - Nurses Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and was in the best interests of the employees.

The central legal issues the Commission had to resolve were whether the agreement satisfied the requirements of the Fair Work Act, including being a bona fide enterprise agreement, and if it provided minimum protections to the employees. Additionally, the Commission needed to ascertain if the agreement met the 'better off overall test', ensuring that no employee was worse off financially under the new agreement.

In delivering its decision, the Fair Work Commission found that the agreement largely complied with the statutory requirements and provided for the minimum entitlements as stipulated by the Act. The Commission also concluded that the agreement was in the best interests of the employees, as it offered them improved conditions and benefits without any employee being worse off. Consequently, the Commission approved the agreement, affirming its fairness and compliance with the legislative framework.

The Fair Work Commission ordered the approval of the Jimbelunga Nursing Centre - Nurses Enterprise Agreement 2019, effective from the date of the decision. This approval signified the agreement's compliance with the statutory requirements and its alignment with the interests of the employees involved.

Aboriginal and Torres Strait Islander Community Health Service Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established