DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Health and Aged Care Central Queensland Limited
(AG2015/6473)

MERCY HEALTH AND AGED CARE CENTRAL QUEENSLAND LIMITED - ADMINISTRATION AND SUPPORT SERVICES - ENTERPRISE AGREEMENT 2015-2016

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 5 NOVEMBER 2015

Application for approval of the Mercy Health and Aged Care Central Queensland Limited - Administration and Support Services - 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 - Administration and Support Services - 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] 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 Australian Municipal Administrative Clerical Services Union Queensland Together Branch, 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

Mercy Health and Aged Care Central Queensland Limited brought an application for the approval of an enterprise agreement. The application was made to the Fair Work Commission. The dispute concerned the terms and conditions of employment for employees working in administration and support services within the organisation.

The central legal issue for the Commission to decide was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement provided for a fair and efficient workplace, was free from coercion and undue influence, and was in the best interests of the employees involved. The Commission also had to consider whether the agreement adhered to the provisions of the National Employment Standards and other relevant legislative requirements.

The Fair Work Commission found that the proposed enterprise agreement was fair and met the necessary criteria for approval. The agreement was deemed to provide for an efficient workplace, did not contain any terms that were unfair or coercive, and was in the best interests of the employees. The Commission also confirmed that the agreement complied with the National Employment Standards and other relevant legislative requirements. Consequently, the application for approval was granted.

The Fair Work Commission approved the Mercy Health and Aged Care Central Queensland Limited - Administration and Support Services - Enterprise Agreement 2015-2016, effective from the date of the decision.

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