DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Board of Benevolence T/A Masonic Care Queensland
(AG2015/6509)

MASONIC CARE QUEENSLAND ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 20 NOVEMBER 2015

Application for approval of the Masonic Care Queensland Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Masonic Care Queensland 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 Board of Benevolence T/A Masonic Care Queensland. 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 and The Australian Workers’ Union, being bargaining representatives for the Agreement, have 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 these organisations.

[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

In the Fair Work Commission, the Board of Benevolence T/A Masonic Care Queensland applied for approval of the Masonic Care Queensland Enterprise Agreement 2015. The application was brought in response to an objection raised by the Queensland Nurses and Midwives' Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement contained the necessary minimum terms and conditions as outlined in the Act and whether the process for its approval was properly conducted.

The Commission examined the agreement to determine if it included all the mandated minimum terms, including provisions for wages, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission considered whether the agreement was fairly and properly made, taking into account the process of employee consultation and the level of employee participation in the agreement's formation. The Commission found that the agreement did contain all the necessary minimum terms and that the process for its approval was valid, as it involved appropriate consultation and a reasonable level of employee participation.

Consequently, the Commission approved the Masonic Care Queensland Enterprise Agreement 2015. The decision was based on the comprehensive examination of the agreement and the procedural fairness of its creation. The approval ensures that the agreement will provide the basis for the terms and conditions of employment for the employees covered by it, subject to the Act.

Board of Benevolence T/A Masonic Care Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established