DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning Queensland T/A True Relationships and Reproductive Health (True)
(AG2016/435)

FAMILY PLANNING QUEENSLAND TRADING AS TRUE RELATIONSHIPS AND REPRODUCTIVE HEALTH (TRUE) ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	SYDNEY, 18 MARCH 2016

Application for approval of the Family Planning Queensland trading as True Relationships and Reproductive Health (True) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning Queensland trading as True Relationships and Reproductive Health (True) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Family Planning Queensland t/a True Relationships and Reproductive Health. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Australian Nursing and Midwifery Federation” (ANMF) and “Queensland Nurses’ Union” (QNU) 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) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will operate from 25 March 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Family Planning Queensland trading as True Relationships and Reproductive Health, sought approval of the Family Planning Queensland T/A True Relationships and Reproductive Health (True) Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for certain employees of the organisation. The applicant argued that the agreement should be approved as it had been negotiated in good faith and met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been negotiated in good faith, whether it contained the minimum terms and conditions required by law, and whether it complied with the procedural requirements of the Fair Work Act. The Commission needed to determine whether the agreement was fair and reasonable, and whether it met the necessary criteria for approval.

The Commission found that the agreement had been negotiated in good faith and contained the minimum terms and conditions required by law. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act. The Commission was satisfied that the agreement was fair and reasonable, and approved the Family Planning Queensland T/A True Relationships and Reproductive Health (True) Enterprise Agreement 2015. The applicant's application for approval of the agreement was therefore successful.

Family Planning Queensland T/A True Relationships and Reproductive Health (True)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established