Jomal Pty Ltd T/A Sunnymeade Park Managed Estate

[2013] FWCA 9240

FAIR WORK COMMISSION

DECISION

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

Jomal Pty Ltd T/A Sunnymeade Park Managed Estate
(AG2013/11492)

SUNNYMEADE AND QNU - NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2013

Approval Decision Application for approval of the Sunnymeade and QNU - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sunnymeade and QNU - Nurses Enterprise Agreement 2013(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunnymeade Park Managed Estate. 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 Australian Nursing and Midwifery Federation, and the Queensland Nurses’ Union of Employees, being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants 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. In accordance with s.54(1) it will operate from 3 December 2013. The nominal expiry date of the agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Jomal Pty Ltd, trading as Sunnymeade Park Managed Estate, sought approval of a proposed enterprise agreement from the Fair Work Commission. The agreement, known as the Sunnymeade and QNU – Nurses Enterprise Agreement 2013, was intended to govern the employment terms of nurses employed at Sunnymeade Park. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act, and whether it contained provisions that were contrary to public policy or not in the best interests of the employees. The applicant argued that the agreement was fairly negotiated and in the best interests of the employees, while objectors raised concerns about the fairness of the negotiation process and the content of certain provisions.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, noting that the applicant had provided evidence of a genuine attempt to negotiate with the objectors. Regarding the content of the agreement, the Commission determined that the provisions were not contrary to public policy or in the best interests of the employees. The Commission concluded that the agreement was fair and reasonable, and approved it. The objectors' concerns about the negotiation process were not sufficient to warrant disapproval of the agreement.

The Commission's final order was that the Sunnymeade and QNU – Nurses Enterprise Agreement 2013 be approved, effective from the date of the decision. The agreement would now govern the employment terms of nurses employed at Sunnymeade Park.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established