DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group
(AG2016/3823)

QUEENSLAND FERTILITY GROUP AND QNU NURSING ENTERPRISE AGREEMENT 2016-2018

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 31 AUGUST 2016

Application for approval of the Queensland Fertility Group and QNU Nursing Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Fertility Group and QNU Nursing Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 August 2016 and, in accordance with s.54, will operate from 7 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application for approval of the Queensland Fertility Group and QNU Nursing Enterprise Agreement 2016-2018 were the Queensland Fertility Group Pty Ltd, trading as Queensland Fertility Group, and the Queensland Nurses and Midwives' Union. The dispute arose over the terms and conditions of employment for nurses and midwives within the organisation, as outlined in the proposed enterprise agreement. The Fair Work Commission was tasked with deciding whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues central to this case revolved around whether the proposed enterprise agreement provided for the proper protection of employee rights, including minimum wages, hours of work, and other conditions of employment. Furthermore, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not contain terms that were contrary to public policy or that undermined the fundamental principles of the Fair Work Act. The court also had to assess whether the agreement was made in good faith and if it provided for proper dispute resolution mechanisms.

In its decision, the Fair Work Commission examined the specific provisions of the enterprise agreement and found that it met the necessary legal criteria. The court held that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, reasonable hours of work, and adequate leave entitlements. The Commission was satisfied that the agreement appropriately balanced the interests of both the employer and the employees, and that it did not contain terms that were contrary to public policy or that undermined the fundamental principles of the Fair Work Act. Additionally, the court found that the agreement was made in good faith and provided for proper dispute resolution mechanisms. Based on these findings, the Fair Work Commission approved the Queensland Fertility Group and QNU Nursing Enterprise Agreement 2016-2018.

The final orders of the court approved the enterprise agreement, allowing it to be registered with the Fair Work Commission. The agreement is now legally binding on both the employer and the employees covered by the agreement.

Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established