Masonic Care Queensland

[2013] FWCA 9117

FAIR WORK COMMISSION

DECISION

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

Masonic Care Queensland
(AG2013/11491)

MASONIC CARE QUEENSLAND NURSES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2013

Application for approval of the Masonic Care Queensland Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Masonic Care Queensland 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 Masonic Care Queensland. 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 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mason and another brought an application seeking approval of the Masonic Care Queensland Nurses Enterprise Agreement 2013. The respondents to the application were Masonic Care Queensland Ltd, which was represented by the Masonic Centre of Queensland Inc, and the Queensland Nurses and Midwives’ Union. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The court was required to consider whether the agreement provided for minimum wages and conditions, and whether it was made in good faith and without coercion.

The legal issues before the court involved interpreting the provisions of the Fair Work Act, particularly section 231, which sets out the criteria for approving an enterprise agreement. The court had to assess whether the agreement satisfied the requirements for fair and reasonable terms and conditions, and whether it was genuinely negotiated between the parties. Additionally, the court examined the procedural fairness of the agreement-making process, including whether there was any coercion or undue influence exerted by either party.

The court found that the agreement was made in good faith and without coercion, and it met the criteria for approval. The agreement provided for minimum wages and conditions as required by the Fair Work Act. The court also noted that the negotiation process was procedurally fair, with both parties having an opportunity to participate and express their views. Consequently, the court approved the Masonic Care Queensland Nurses Enterprise Agreement 2013.

The final orders of the court included the approval of the agreement, with the effective date of the approval being the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision also provided for the agreement to be published on the Fair Work Commission’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established