Miles Witt Partnership

[2014] FWCA 8276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Miles Witt Partnership
(AG2014/7836)

SOUTHERN CROSS CARE QUEENSLAND AND QNU - NURSES ENTERPRISE AGREEMENT 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Southern Cross Care Queensland and QNU - Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care Queensland and QNU - Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Miles Witt Partnership on behalf of Southern Cross Care (Qld) Inc. The agreement is a single-enterprise agreement.

[2] The Queensland Nurses’ Union of Employees, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Southern Cross Care Queensland and QNU - Nurses Enterprise Agreement 2014. The applicant, Southern Cross Care Queensland, sought the Fair Work Commission's approval of the agreement under section 233 of the Fair Work Act 2009. The Queensland Nurses’ Union, the respondent, opposed the application on the basis that the agreement did not meet the requirements for approval under the Act.

The legal issues before the court were whether the enterprise agreement met the criteria for approval under the Fair Work Act and whether the agreement was appropriately negotiated. Specifically, the court had to determine whether the agreement was made in good faith and without the coercion, threats, or improper conduct, and whether the agreement provided for the proper protection of the interests of the employees and employers.

In delivering the decision, the commission found that the agreement was made in good faith and without coercion, threats, or improper conduct. The commission noted that the parties had engaged in a genuine process of negotiation and that the agreement reflected the outcome of that process. The commission also found that the agreement provided for the proper protection of the interests of the employees and employers. The commission approved the enterprise agreement and made the necessary orders under section 234 of the Fair Work Act.

The court ordered that the Southern Cross Care Queensland and QNU - Nurses Enterprise Agreement 2014 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to be binding on all employers, employees, and organisations covered by the agreement. The commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy of the approved agreement be provided to the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established