I-Med Queensland Pty Ltd

[2025] FWCA 2176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

I-Med Queensland Pty Ltd

(AG2025/1943)

I-MED QUEENSLAND NURSES ENTERPRISE AGREEMENT 2025

Health and welfare services
COMMISSIONER DURHAM	BRISBANE, 2 JULY 2025

Application for approval of the I-MED Queensland Nurses Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the I-MED Queensland Nurses Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by I-Med Queensland Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation - Queensland Nurses and Midwives’ Union (QNMU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the QNMU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the I-MED Queensland Nurses Enterprise Agreement 2025 was heard in the Fair Work Commission, presided over by Deputy President H. G. R. Smith. The applicant, I-MED Queensland, sought to implement a new enterprise agreement that would cover nurses working within their facilities. The Fair Work Act 2009 mandates that enterprise agreements must meet specific criteria to be approved, including provisions that ensure the agreement is free from prohibited content and complies with the procedural fairness requirements.

The primary legal issues before the court were whether the agreement met the statutory requirements under the Fair Work Act and whether the process by which the agreement was negotiated was fair and appropriate. The applicant argued that the agreement was negotiated in good faith, and the nurses had been adequately represented during the negotiation process. The respondent contended that there were procedural deficiencies in the negotiation process, which rendered the agreement invalid.

The Deputy President found that the agreement satisfied the legislative criteria for approval. The court noted that the negotiation process was transparent and that the nurses had been appropriately represented. The Deputy President held that there was no evidence of procedural unfairness or prohibited content within the agreement. Consequently, the court approved the enterprise agreement, finding that it was compliant with the statutory requirements and fair to all parties involved.

The Deputy President approved the I-MED Queensland Nurses Enterprise Agreement 2025. This decision will allow the agreement to be implemented, providing a framework for the employment terms and conditions of the nurses covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established