DECISION

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

Mercy Health and Aged Care Central Queensland Limited
(AG2015/6604)

MERCY HEALTH AND AGED CARE CENTRAL QUEENSLAND LIMITED & QNU - NURSING - ENTERPRISE AGREEMENT 2015-2016

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 16 DECEMBER 2015

Application for approval of the Mercy Health and Aged Care Central Queensland Limited & QNU - Nursing - Enterprise Agreement 2015-2016

[1] An application has been made for approval of an enterprise agreement known as the Mercy Health and Aged Care Central Queensland Limited & QNU - Nursing - Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercy Health and Aged Care Central Queensland Limited. The agreement is a single-enterprise agreement.

[2] On 11 December 2015 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] The Australian Nursing and Midwives Federation (ANMF) and Queensland Nurses Union of Employees (QNU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the QNU and ANMF.

[4] 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.

[5] 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

The case involved Mercy Health and Aged Care Central Queensland Limited and the Queensland Nurses Union (QNU). The matter was brought before the Fair Work Commission, where the central issue was whether to approve the proposed enterprise agreement between the parties for the period 2015-2016. This agreement was crucial as it sought to outline the terms and conditions of employment for nurses employed by Mercy Health. The QNU sought to ensure that the agreement would provide fair and equitable terms for its members, while Mercy Health aimed to maintain operational efficiency and financial stability within its health care facilities.

The legal issues before the court included the assessment of the proposed agreement against the Fair Work Act 2009. Specifically, the court had to determine whether the agreement complied with the requirements for approval, such as meeting the 'better off overall test' which mandates that the agreement should not disadvantage employees compared to their existing terms and conditions. Additionally, the court needed to consider if the agreement was made in good faith and if it adhered to the relevant provisions of the Fair Work Act. Furthermore, the court examined whether the agreement included adequate provisions for workplace health and safety, as well as provisions for dispute resolution.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement provided for reasonable terms and conditions that were not detrimental to the employees, thereby satisfying the 'better off overall test'. The Commission also confirmed that the agreement was made in good faith and adhered to the relevant provisions of the Fair Work Act. The provisions related to workplace health and safety were deemed adequate, and the dispute resolution mechanisms were found to be effective. Consequently, the Commission approved the application for the agreement to come into effect.

The final orders of the Fair Work Commission were to approve the Mercy Health and Aged Care Central Queensland Limited & QNU - Nursing - Enterprise Agreement 2015-2016, thereby allowing it to take effect from the specified period. This decision was based on the comprehensive assessment of the agreement against the statutory requirements and the conclusion that the agreement was fair and reasonable for both parties involved.

Mercy Health and Aged Care Central Queensland Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established