[2014] FWCA 3802 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Canberra Mothercraft Society Inc T/A Queen Elizabeth II Family Centre
(AG2014/6121)
QUEEN ELIZABETH II FAMILY CENTRE NURSING STAFF ENTERPRISE AGREEMENT 2013
Health and welfare services | |
DEPUTY PRESIDENT HAMILTON | MELBOURNE, 6 JUNE 2014 |
Application for approval of the Queen Elizabeth II Family Centre Nursing Staff Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Queen Elizabeth II Family Centre Nursing Staff Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Mothercraft Society Inc., trading as Queen Elizabeth II Family Centre. The agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] The Agreement is approved and, in accordance with s.54, will operate from 13 June 2014. The nominal expiry date of the Agreement is 30 June 2017.
[4] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Australian Nursing and Midwifery Federation 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 organisation.
DEPUTY PRESIDENT
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- AGLC
- Canberra Mothercraft Society Inc T/A Queen Elizabeth II Family Centre [2014] FWCA 3802
- Case
- [2014] FWCA 3802
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement was in compliance with the Fair Work Act 2009. This involved examining the negotiation process, the content of the agreement, and whether it met the requirements for minimum entitlements and protected actions under the Act. The Commission had to determine if the agreement was made in good faith, if it included appropriate minimum terms and conditions, and if it adhered to the provisions regarding protected industrial action.
After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement met the legislative requirements. The negotiation process was deemed to be conducted in good faith, and the agreement contained appropriate minimum terms and conditions that complied with the Fair Work Act 2009. The Commission also confirmed that the agreement allowed for protected industrial action in accordance with the Act. Consequently, the Commission approved the Queen Elizabeth II Family Centre Nursing Staff Enterprise Agreement 2013.
The Fair Work Commission ordered that the Queen Elizabeth II Family Centre Nursing Staff Enterprise Agreement 2013 be approved and registered. The agreement would now be in effect, governing the employment terms and conditions of the nursing staff at the Centre, subject to the Fair Work Act 2009.
Orders
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Background
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