Queensland Nurses' Union of Employees

[2015] FWCA 5965

[2015] FWCA 5965

FAIR WORK COMMISSION

DECISION

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

Queensland Nurses' Union of Employees
(AG2015/3989)

CLERICAL STAFF EMPLOYED BY THE QUEENSLAND NURSES UNION 2015 ENTERPRISE AGREEMENT

Clerical industry
COMMISSIONER BULL	SYDNEY, 31 AUGUST 2015

Application for approval of the Clerical Staff Employed by the Queensland Nurses’ Union 2015 Enterprise Agreement.

[1] An application has been made for the approval of an enterprise agreement known as the Clerical Staff Employed by the Queensland Nurses’ Union 2015 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The applicant is the Queensland Nurses’ Union of Employees, and the Agreement covers clerical staff employed by the applicant. The Australian Municipal and Clerical Services Union Queensland Together Branch (AMCSU Queensland)was a bargaining representative for the Agreement.

[3] The Commission noted to the applicant on 27 August 2015 that the Agreement does not provide a laundering allowance, first aid allowance, and a reduced minimum engagement period for casuals when compared to the Clerks – Private Sector Award 2010 (the Award), being the relevant award for the purposes of the better off overall test (BOOT) under s.186 of the Act.

[4] The applicant submitted that taking into account the rates of pay under the Agreement, the Agreement satisfies the BOOT despite the above mentioned reduced entitlements.

[5] Taking into account the substantially higher rates of pay under the Agreement, I am satisfied that the Agreement results in employees being better off overall under the Agreement.

[6] I note that employees would still be better off under the Agreement despite the reduced minimum engagement period for casuals under the Agreement owing to the higher hourly rate of pay. That is, casual employees being only entitled to a 2 hour engagement period would still receive a greater remuneration under the Agreement than the Award which offers a 3 hour minimum engagement period.

[7] AMCSU Queensland has stated in its F18 that it supports the approval of the Agreement and wishes to be covered by it. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[8] 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.

[9] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 7 September 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

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