DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland
(AG2015/6108)

THE ANGLICARE SOUTHERN QUEENSLAND NURSING STAFF ENTERPRISE AGREEMENT 2015-2017

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 20 NOVEMBER 2015

Application for approval of the Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2015-2017 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern 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 of Employees, being a bargaining representative for the Agreement, has 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 this organisation.

[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 Corporation of the Synod of the Diocese of Brisbane, trading as Anglicare Southern Queensland, applied for the approval of the Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2015-2017. The application was heard by the Fair Work Commission (FWC). The primary issue before the FWC was to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to consider if the agreement was in the public interest and complied with the procedural requirements set out in the Act.

The FWC examined the procedural fairness and the public interest aspects of the proposed agreement. Procedural fairness was assessed based on whether proper consultation and negotiation processes had been followed. The public interest consideration involved evaluating whether the agreement would promote fairness, flexibility, and efficiency in the workplace while also considering broader community impacts. The FWC found that the application satisfied the procedural fairness requirements and that the agreement was likely to promote the public interest by ensuring fair and efficient terms for nursing staff while maintaining the capacity of Anglicare Southern Queensland to provide essential services.

Following its analysis, the FWC approved the Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2015-2017, recognising its alignment with the legislative objectives and public interest considerations. The decision underscored the importance of balancing the rights and needs of employees with the operational needs of the employer. The approved agreement is now in effect, governing the employment terms of nursing staff within the organisation for the specified period.

Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established