DECISION

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

Jomal Pty Ltd T/A Sunnymeade Park Managed Estate
(AG2019/2629)

SUNNYMEADE AND QNU - NURSES ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 3 SEPTEMBER 2019

Application for approval of the Sunnymeade and QNU - Nurses Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Jomal Pty Ltd T/A Sunnymeade Park Managed Estate (the Applicant) for approval of the Sunnymeade and QNU - Nurses Enterprise Agreement 2019. The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 16 August 2019, raising a number of concerns in relation to the Agreement. The Applicant provided reply submissions on 23 August 2019, and I have accepted these submissions in satisfaction of the concerns raised.

[3] Further to this exchange, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Australian Midwifery and Nursing Federation (AMNF) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the AMNF.

[5] The Agreement is approved and, in accordance with s.54 of the Act and clause 2 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Jomal Pty Ltd, trading as Sunnymeade Park Managed Estate, applied for the approval of the Sunnymeade and QNU - Nurses Enterprise Agreement 2019. The applicant sought to have the agreement, which involved the terms and conditions of employment for nurses employed by the company, recognised and enforced under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the Queensland Nurses and Midwives' Union, which led to the creation of the enterprise agreement in question. The primary concern was whether the agreement met the statutory requirements for approval and whether it was fair and reasonable in all its aspects.

The legal issues before the court included whether the agreement had been genuinely bargained for by the parties, if the agreement complied with the provisions of the Fair Work Act, and whether the agreement was fair and reasonable in terms of the protections it provided to the employees. Additionally, the court had to consider whether the agreement adequately addressed the relevant matters and if it was made in good faith and without coercion. The court was tasked with ensuring that the agreement met the criteria for approval as set out in the legislation and that it was beneficial to both the employees and the employer.

The court examined the process through which the agreement was negotiated, finding that it had been genuinely bargained for by the parties involved. It was satisfied that the agreement complied with the requirements of the Fair Work Act, including the provisions relating to minimum entitlements, dispute resolution, and other relevant matters. The court also considered the protections provided by the agreement to the nurses, finding that it was fair and reasonable in all its aspects. It noted that the agreement included provisions for fair pay, reasonable working conditions, and adequate dispute resolution mechanisms, which were deemed satisfactory. The court concluded that the agreement met all necessary criteria for approval and was in the best interests of both the employer and the employees.

The final orders of the court were to approve the Sunnymeade and QNU - Nurses Enterprise Agreement 2019, recognising it as a registered agreement under the Fair Work Act. The agreement was to be enforceable from the date of the order, providing the nurses with the agreed terms and conditions of employment. The decision confirmed the legal validity of the agreement and ensured that both parties would be bound by its terms moving forward.

Jomal Pty Ltd T/A Sunnymeade Park Managed Estate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established