Churches of Christ in Queensland

[2014] FWCA 569

FAIR WORK COMMISSION

DECISION

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

Churches of Christ in Queensland
(AG2013/10527)

CHURCHES OF CHRIST IN QUEENSLAND - NURSES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2014

Application for approval of the Churches of Christ in Queensland - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Churches of Christ in Queensland - Nurses 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 the Churches of Christ in Queensland. 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 Australian Nursing and Midwifery Federation and the Queensland Nurses Union of Employees being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers theseorganisations.

[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 case involved an application by the Churches of Christ in Queensland for approval of a Nurses Enterprise Agreement (NEA) 2013. The applicant sought to have the NEA approved as a registered agreement under the Fair Work Act 2009. The Fair Work Commission heard the matter, and its decision is summarised here.

The primary legal issues the Commission was required to determine were whether the NEA met the statutory criteria for registration under the Fair Work Act, specifically whether it complied with the good faith bargaining requirement and whether it contained all the necessary details required by the legislation. Additionally, the Commission needed to ensure the agreement did not contain any provisions that were contrary to public policy or that were otherwise unenforceable.

The Fair Work Commission found that the NEA complied with the statutory criteria for registration. The Commission was satisfied that the agreement was the product of good faith bargaining and contained all the necessary details required by the legislation. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or unenforceable. Therefore, the Commission approved the NEA as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the application for registration of the Churches of Christ in Queensland - Nurses Enterprise Agreement 2013 as a registered agreement under the Fair Work Act 2009. The decision is final and binding, and no further appeal is possible. The agreement is now a legally enforceable document between the parties, and it will govern the employment conditions of the nurses covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established