DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Nurses’ Union of Employees
(AG2016/6680)

QUEENSLAND NURSES’ UNION NON-ELECTED OFFICIALS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Queensland Nurses’ Union Non-Elected Officials Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Nurses’ Union Non-Elected Officials Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Queensland Nurses’ Union of Employees. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Municipal, Administrative, Clerical and Services Union and the Media, Entertainment and Arts Alliance 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 organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Queensland Nurses’ Union of Employees sought approval of the Queensland Nurses’ Union Non-Elected Officials Enterprise Agreement 2016. The application was before the Fair Work Commission, where the Union argued that the agreement should be certified as meeting the requirements of the Fair Work Act. The matter was heard by Deputy President J C Cain and Registrar M E O’Neill.

The legal issues before the Commission centred on whether the enterprise agreement contained only provisions of a lawful nature, and whether it had been made in accordance with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the procedural requirements, and whether the provisions of the agreement were consistent with the requirements of the Act.

In reaching its decision, the Commission noted that the agreement was made following the appropriate procedural steps, and that all relevant parties had been given notice of the agreement and had an opportunity to make submissions. The Commission also found that the provisions of the agreement were consistent with the requirements of the Act, and that there were no provisions that were unlawful or contrary to public policy. As such, the Commission approved the Queensland Nurses’ Union Non-Elected Officials Enterprise Agreement 2016.

The Commission certified the enterprise agreement, finding that it met all the requirements of the Fair Work Act. This decision provides clarity for the parties involved, and ensures that the agreement is legally binding and enforceable.

Queensland Nurses’ Union of Employees

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established