DECISION

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

Pulse Health Limited T/A Pulse Health
(AG2014/10047)

PULSE HEALTH LIMITED & QNU - NURSING STAFF - ENTERPRISE AGREEMENT 2014

Health and welfare services

COMMISSIONER SIMPSON

BRISBANE, 18 DECEMBER 2014

Application for approval of the Pulse Health Limited & QNU - Nursing Staff - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pulse Health Limited & QNU - Nursing Staff - 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 Pulse Health 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 Queensland Nurses’ Union of Employees, being the 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.

[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

Pulse Health Limited T/A Pulse Health applied to the Fair Work Commission for the approval of an enterprise agreement with the Queensland Nurses' Union. The application centred around the terms and conditions of employment for nursing staff within Pulse Health. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The Commission examined whether the agreement provided for procedural fairness, including adequate consultation and negotiation processes, and if it included all the mandated terms and conditions as per the Act. Additionally, the Commission had to assess if the agreement facilitated the efficient operation of the enterprise and if it was fair and reasonable in all its aspects. The Commission found that the agreement met all the necessary requirements under the Act and was in the best interests of the employees. The terms were considered fair and reasonable, and the agreement did not undermine the existing industrial relations system.

Consequently, the Fair Work Commission approved the Pulse Health Limited & QNU - Nursing Staff - Enterprise Agreement 2014. This decision ensured that the agreement would be legally binding between Pulse Health and the Queensland Nurses' Union, governing the employment conditions of nursing staff within the organisation.

Pulse Health Limited T/A Pulse Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established