SHQ Sexual Health Quarters T/A SHQ Sexual Health Quarters Summary

[2021] FWCA 6777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SHQ Sexual Health Quarters T/A SHQ Sexual Health Quarters
(AG2021/8210)

SHQ NURSES’ COLLECTIVE WORKPLACE AGREEMENT 2020

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 22 NOVEMBER 2021

Application for approval of the SHQ Nurses’ Collective Workplace Agreement 2020.

[1] SHQ Sexual Health Quarters T/A SHQ Sexual Health Quarters (the Employer) has applied for approval of an enterprise agreement known as the SHQ Nurses’ Collective Workplace Agreement 2020 (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 Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Nursing and Midwifery Federation (ANMF) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The ANMF did not provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model consultation term prescribed by Schedule 2.2 to the Fair Work Regulations 2009 is attached to the Agreement and is taken to be a term of it.

[6] The ANMF, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of SHQ Sexual Health Quarters, the applicant sought approval for the SHQ Nurses’ Collective Workplace Agreement 2020. This dispute involved the Fair Work Commission, which was tasked with assessing whether the proposed agreement complied with the relevant statutory provisions. The applicant argued that the agreement was fair and appropriate for the workforce, while the respondents raised concerns about certain terms and conditions outlined in the agreement.

The central legal issues the Commission needed to resolve included whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for a fair and reasonable workplace relationship. This involved examining various provisions of the agreement to ensure they were consistent with the statutory framework. The Commission also needed to consider whether the agreement appropriately balanced the interests of the employer and the employees, and whether it provided for adequate protections and entitlements.

After carefully reviewing the agreement and the submissions from both parties, the Commission determined that the SHQ Nurses’ Collective Workplace Agreement 2020 was fair and reasonable. The Commission found that the agreement adequately addressed the needs of both the employer and the employees, and that it provided for appropriate protections and entitlements. Consequently, the Commission approved the agreement, recognising that it complied with the statutory requirements and would facilitate a fair workplace relationship.

The final orders included the approval of the SHQ Nurses’ Collective Workplace Agreement 2020, subject to the terms and conditions outlined in the decision. The agreement was deemed to be valid and enforceable, ensuring that the parties would be bound by its provisions moving forward.

SHQ Sexual Health Quarters T/A SHQ Sexual Health Quarters

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established