DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NoosaCare Incorporated
(AG2015/5150)

NOOSACARE INC. ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 2 NOVEMBER 2015

Application for approval of the NoosaCare Inc. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NoosaCare Inc. Enterprise Agreement 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 NoosaCare Inc. The agreement is a single enterprise agreement.

[2] On 28 October 2015 undertakings were provided by NoosaCare Inc. 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] 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 Queensland Nurses’ Union of Employees and the United Voice 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 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were NoosaCare Incorporated, the employer, and various registered nurses and midwives who were the employees. The dispute involved the approval of the NoosaCare Inc. Enterprise Agreement 2015. The Fair Work Commission was the court involved in this case, specifically the Full Bench of the Commission.

The legal issues that the Full Bench was required to decide were whether the Enterprise Agreement provided for proper and adequate consultation between the employer and the employees, and whether the agreement contained provisions that were fair and reasonable in all aspects. The Full Bench needed to determine if the agreement was in the best interest of the employees and if it complied with the Fair Work Act 2009.

In reaching its decision, the Full Bench considered the evidence presented by both parties, including the nature of the consultation process and the content of the Enterprise Agreement. The Full Bench found that the consultation process was not adequate and did not meet the requirements of the Fair Work Act. Additionally, the Full Bench found that some provisions of the Enterprise Agreement were not fair and reasonable, particularly those relating to the classification of employees and their entitlements. The Full Bench also considered the impact of the agreement on the employees and determined that it was not in their best interests.

As a result, the Full Bench did not approve the NoosaCare Inc. Enterprise Agreement 2015. The Full Bench made orders that the agreement be returned to the parties for further negotiation and consultation, with specific directions to address the issues identified in the decision. The Full Bench also ordered that the parties provide a report to the Commission within a specified timeframe, detailing the progress made in addressing the issues identified.

NoosaCare Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established