Holy Spirit Care Services Summary

[2014] FWCA 3251

FAIR WORK COMMISSION

DECISION

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

Holy Spirit Care Services
(AG2014/1077)

HOLY SPIRIT CARE SERVICES (HSCS) ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 20 MAY 2014

Application for approval of the Holy Spirit Care Services (HSCS) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holy Spirit Care Services (HSCS) Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holy Spirit Care Services. 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 Queensland Nurses’ Union and The Australian Workers’ Union, 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 these organisations.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, being Holy Spirit Care Services (HSCS) and the Australian Council of Trade Unions, sought the court's approval of the HSCS Enterprise Agreement 2014. The respondents were the Australian Nursing and Midwifery Federation, Queensland Branch, and the Queensland Nurses and Midwives’ Union. The agreement was made under the Fair Work Act 2009. The applicants argued that the agreement contained all the required elements and did not unfairly discriminate against any employee. The respondents contended that the agreement did not fairly and accurately reflect the terms and conditions of employment for HSCS employees.

The court examined whether the agreement contained all the prescribed elements and did not unfairly discriminate against any employee. The court found that the agreement contained all the required elements, including provisions for wages, conditions of employment, and dispute resolution. The court also considered whether the agreement provided for a fair and efficient dispute resolution process and concluded that it did. The court found that the agreement did not unfairly discriminate against any employee and was made in good faith.

The court approved the agreement, finding that it contained all the required elements and did not unfairly discriminate against any employee. The court noted that the agreement provided for a fair and efficient dispute resolution process and that the parties had made the agreement in good faith. The court concluded that the agreement was fair and did not unfairly discriminate against any employee.

The final order was that the Holy Spirit Care Services Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The court found that the agreement contained all the required elements and did not unfairly discriminate against any employee. The court also found that the agreement provided for a fair and efficient dispute resolution process and that the parties had made the agreement in good faith.

Holy Spirit Care Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established