DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ipswich Hospice Care Inc.
(AG2015/5968)

IPSWICH HOSPICE CARE ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 5 NOVEMBER 2015

Application for approval of the Ipswich Hospice Care Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ipswich Hospice Care Enterprise Agreement 2015-2018 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ipswich Hospice Care Inc. 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

In the matter of Ipswich Hospice Care Inc., the applicant sought approval for the Ipswich Hospice Care Enterprise Agreement 2015-2018. The dispute arose in the Fair Work Commission, where the applicant's application was challenged by the respondent, who raised concerns about the fairness and reasonableness of the proposed agreement. The central issue before the Commission was whether the proposed agreement met the statutory criteria for approval, including whether it was in the best interests of the employees, was fair and reasonable, and had been negotiated in good faith.

The Commission examined the provisions of the Fair Work Act and relevant case law to determine if the agreement satisfied the requirements for approval. Key considerations included the extent to which the agreement provided for fair and reasonable terms and conditions, the process by which the agreement was negotiated, and the overall impact on the employees. The Commission took into account the submissions from both parties and the evidence presented regarding the negotiation process and the content of the agreement.

After thorough deliberation, the Commission concluded that the Ipswich Hospice Care Enterprise Agreement 2015-2018 was fair and reasonable and met the statutory criteria for approval. The Commission found that the agreement was negotiated in good faith and provided for terms and conditions that were fair and reasonable for the employees. The Commission approved the agreement, noting that it was in the best interests of the employees and would promote harmonious, productive, and cooperative workplace relations.

The Commission made orders approving the Ipswich Hospice Care Enterprise Agreement 2015-2018, effective from the date of the decision. The agreement was to be registered by the parties and would apply to the employees covered by the agreement until its expiry or until terminated or varied in accordance with its terms or the Fair Work Act.

Ipswich Hospice Care Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established