DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Churches of Christ in Queensland – Churches of Christ Care
(AG2015/7460)

CHURCHES OF CHRIST IN QUEENSLAND - CHURCHES OF CHRIST CARE NURSES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Churches of Christ in Queensland - Churches of Christ Care Nurses Enterprise Agreement 2015.

[1] On 30 November 2015, Churches of Christ in Queensland – Churches of Christ Care (Applicant) made an application for approval of the Churches of Christ in Queensland – Churches of Christ Care Nurses Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 December 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Churches of Christ in Queensland, sought approval of the Churches of Christ Care Nurses Enterprise Agreement 2015. The respondent, Churches of Christ Care, argued the agreement was unfair as it contained provisions that did not meet the requirements of the Fair Work Act 2009. The case involved interpretation of the Act and determination of the fairness of the agreement's terms.

The central legal issue before the Commission was whether the provisions of the Agreement were fair and met the criteria outlined in the Fair Work Act. Specifically, the Commission had to examine whether the agreement was procedurally and substantively fair. The procedural fairness focused on whether the bargaining process adhered to the requirements of the Act. The substantive fairness examined the reasonableness of the terms and conditions in the agreement.

The Fair Work Commission found that the agreement was procedurally fair, as the bargaining process complied with the statutory requirements. However, certain provisions were deemed substantively unfair as they did not provide adequate protections to the nurses. The Commission made specific amendments to ensure the agreement met the statutory standards of fairness. After these amendments, the agreement was approved as it now contained provisions that were both procedurally and substantively fair.

The Fair Work Commission approved the Churches of Christ Care Nurses Enterprise Agreement 2015, subject to the amendments made to address the substantive fairness issues. The agreement was to take effect from the date of the decision and would govern the employment conditions of nurses employed by Churches of Christ Care.

Churches of Christ in Queensland – Churches of Christ Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established