DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Andrew’s Toowoomba Hospital
(AG2017/771)

ST ANDREW’S TOOWOOMBA HOSPITAL AND QNU- NURSES - ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2017

Application for approval of the St Andrew’s Toowoomba Hospital and QNU - Nurses - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew’s Toowoomba Hospital and QNU - Nurses - Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Andrew’s Toowoomba Hospital. 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] 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.

[4] 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.

[5] The Queensland Nurses’ Union of Employees and the Australian Nursing and Midwifery Federation 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.

[6] The Agreement was approved on 30 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved St Andrew’s Toowoomba Hospital and the Queensland Nurses and Midwives' Union. The hospital sought approval for the St Andrew’s Toowoomba Hospital and QNU - Nurses - Enterprise Agreement 2015-2018. The Union argued that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009, which mandates that an enterprise agreement must not have the effect of prejudicing the resolution of an industrial dispute by registered organisations.

The primary legal issue was whether the proposed agreement could be approved despite the potential for prejudicing the resolution of future industrial disputes. The Commission had to determine if the agreement was consistent with the Fair Work Act and whether it would unduly hinder the ability of registered organisations to resolve disputes.

The Fair Work Commission examined the content of the agreement and the potential impact on the ability of registered organisations to resolve industrial disputes. The Commission found that the agreement did not contain any provisions that would unreasonably restrict the ability of registered organisations to represent employees in future disputes. It was determined that the agreement was not likely to prejudice the resolution of industrial disputes and could be approved under the Fair Work Act.

The Commission approved the St Andrew’s Toowoomba Hospital and QNU - Nurses - Enterprise Agreement 2015-2018, affirming that it did not have the effect of prejudicing the resolution of future industrial disputes by registered organisations. This decision allows the hospital and the Union to proceed with the agreed terms, providing a stable framework for industrial relations during the specified period.

St Andrew’s Toowoomba Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established