Queensland Nurses' Union of Employees v Mater Misericordiae Health Services Brisbane Limited

[2014] FWC 2800

[2014] FWC 2800

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.240 - Application to deal with a bargaining dispute

Queensland Nurses' Union of Employees
v
Mater Misericordiae Health Services Brisbane Limited
(B2014/662)

COMMISSIONER SIMPSON BRISBANE, 29 APRIL 2014

[1] On 4 April 2014 the Queensland Nurses Union of Employees (“the QNU”) made an application under s.240 of the Fair Work Act 2009 (“the Act”) for the Fair Work Commission (“FWC”) to deal with a Bargaining Dispute with the Mater Misericordiae Health Services Brisbane Limited (“the Mater”).

[2] The current Enterprise Agreement is the Nurses & Midwives (Mater Misericordiae Public Hospitals, Brisbane) Workplace Agreement 2009 (“2009 Agreement”) that has a nominal expiry date of 31 March 2012.

[3] The parties to this dispute application have been in negotiations to replace the 2009 Agreement since December 2012.

[4] In the course of negotiations a range of applications have been brought before the FWC including under s.229 for bargaining orders, several applications under s.437 for a protected action ballot orders, under s.459 to extend a ballot order, under s.418 for industrial action stop orders, under s.424 for suspension or termination of bargaining, and finally under s.240 to deal with the protracted bargaining dispute. There have been three separate unsuccessful ballots.

[5] Since the filing of the QNU s.240 application I have conducted four compulsory conferences on 9 April, 15 April, 22 April and 29 April 2014 in order to attempt to resolve the bargaining dispute.

[6] There have been extensive discussions and frank exchanges concerning the respective positions of the parties on all outstanding matters in the course of the four conferences before the FWC. It is my view that considerable progress has been made, and concessions have been made by both the QNU and the Mater in a genuine attempt to bring this dispute to an end.

[7] At the conclusion of the fourth conference today I indicated to both the QNU and the Mater that I intended to issue recommendations as to what should occur from this point. Set out below are those recommendations.

a) That by midday Wednesday 30 April 2014 the Mater provide to the QNU a draft proposed enterprise agreement incorporating all of the amendments that reflect the last state of negotiations at the conclusion of today’s conference before the FWC.

b) By 5pm Wednesday 30 April 2014 the QNU confirm to the Mater whether the draft proposed enterprise agreement reflects the amendments referred to above.

c) The parties should refrain from distributing detailed information concerning the various amendments referred to above until at least 8am on Thursday 1 May 2014.

d) That the QNU be afforded the opportunity to consult with its members about the draft proposed enterprise agreement incorporating the amendments, including by the holding of paid meetings with its members, for a period of 1 week commencing from 8am on Thursday 1 May 2014.

e) That the Mater communicate with all relevant employees about the various amendments to the draft proposed enterprise agreement, including by providing information concerning the various amendments discussed between the parties in the course of the conferences before the FWC from 8am on Thursday 1 May 2014.

f) That the QNU advise the Mater of its response to the draft proposed enterprise agreement by no later than 8am on Thursday 8 May 2014.

g) That the Mater not commence any pre-approval steps for a proposed enterprise agreement until after the expiry of the one week period referred to in D above.

COMMISSIONER

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