Mercy Health and Aged Care Central Queensland Limited Summary

[2014] FWCA 2701

FAIR WORK COMMISSION

DECISION

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

Mercy Health and Aged Care Central Queensland Limited
(AG2014/3801)

MERCY HEALTH AND AGED CARE CENTRAL QUEENSLAND LIMITED & QNU - NURSING - ENTERPRISE AGREEMENT 2012-2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 24 APRIL 2014

Application for approval of the Mercy Health and Aged Care Central Queensland Limited & QNU - Nursing - Enterprise Agreement 2012-2015.

[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 2012-2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Mercy Health and Aged Care Central Queensland Limited. The Agreement is a single enterprise agreement.

[2] On 23 April 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, 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) of the Act, I note that the Agreement covers these organisations.

[5] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercy Health and Aged Care Central Queensland Limited sought approval for a new enterprise agreement with the Queensland Nurses Union. The application was brought before the Fair Work Commission. The crux of the dispute centred around the terms and conditions outlined in the proposed agreement, particularly those related to employment conditions, wages, and working arrangements.

The legal issues that the Commission needed to address involved the compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. This included ensuring the agreement met the requirements for "no disadvantage" and "better off overall" tests, and whether the terms were fair and reasonable. The Commission also needed to consider whether the agreement provided for a fair process for resolving workplace disputes.

The Commission found that the agreement did comply with the statutory requirements, noting that it provided for fair and reasonable terms, and that the employees would not be worse off overall. The Commission highlighted that the agreement contained provisions for resolving workplace disputes and provided for adequate protections for employees. Given these findings, the Commission approved the proposed agreement.

The final orders of the Commission were that the Mercy Health and Aged Care Central Queensland Limited & QNU - Nursing - Enterprise Agreement 2012-2015 be approved, effective from 1 July 2012. The Commission noted that the agreement would provide for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Mercy Health and Aged Care Central Queensland Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established