Ethnic Communities Council of Queensland T/A Berlasco Court Caring Centre

[2013] FWCA 2759

FAIR WORK COMMISSION

DECISION

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

Ethnic Communities Council of Queensland T/A Berlasco Court Caring Centre
(AG2013/676)

BERLASCO COURT - NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 6 MAY 2013

Application for approval of the Berlasco Court - Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Berlasco Court - Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ethnic Communities Council of Queensland T/A Berlasco Court Caring Centre.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing Federation and Queensland Nurses Union of Employees, 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the matter were the Ethnic Communities Council of Queensland T/A Berlasco Court Caring Centre and the relevant union. The dispute centred around the approval of the Berlasco Court – Nurses Enterprise Agreement 2012. The case was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the required provisions, such as those relating to minimum rates of pay, classification of employees, and other mandatory terms and conditions, and whether it complied with the relevant sections of the Act. Furthermore, the Commission needed to consider whether the agreement was made in good faith and if it provided for appropriate dispute resolution mechanisms.

In delivering the decision, the Commission noted that the agreement contained the necessary provisions and complied with the mandatory requirements under the Act. The Commission found that the agreement was made in good faith and included appropriate dispute resolution mechanisms. The Commission concluded that the agreement met all the necessary criteria for approval and, therefore, granted approval of the Berlasco Court – Nurses Enterprise Agreement 2012.

The Fair Work Commission approved the Berlasco Court – Nurses Enterprise Agreement 2012, finding it to be compliant with the Fair Work Act 2009 and containing the necessary provisions and dispute resolution mechanisms. The Commission's decision provided clarity and certainty for the parties involved, allowing them to move forward with the implementation of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established