ST PAUL DE CHARTRES RESIDENTIAL AGED CARE Summary

[2013] FWCA 6826

FAIR WORK COMMISSION

DECISION

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

ST PAUL DE CHARTRES RESIDENTIAL AGED CARE
(AG2013/2718)

ST PAUL DE CHARTRES NURSES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 11 SEPTEMBER 2013

Application for approval of the St Paul de Chartres Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Paul de Chartres Nurses Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Paul De Chartres Residential Aged Care who was represented by Miles Witt Partnership. 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.

[3] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 September 2013. The nominal expiry date of the agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of St Paul de Chartres Residential Aged Care, the applicant sought approval for the St Paul de Chartres Nurses Enterprise Agreement 2013. The applicant was the St Paul de Chartres Residential Aged Care facility, and the respondent was the Australian Nursing and Midwifery Federation, representing the nurses. The primary dispute centred around the terms and conditions outlined in the proposed agreement, which the applicant sought to implement for its nursing staff. The matter was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The legal issues before the court included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act, particularly in terms of good faith bargaining and the procedural fairness to the parties involved. The court also had to consider whether the agreement provided for the minimum terms and conditions of employment as required by the Act. A significant aspect of the decision was the interpretation of specific clauses within the agreement and their implications for the nurses' working conditions and entitlements.

The Fair Work Commission found that the applicant had engaged in good faith bargaining and that the proposed agreement complied with the statutory requirements. The court considered that the agreement provided for the minimum terms and conditions as stipulated in the Fair Work Act, and it met the necessary criteria for approval. The commission also determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The court rejected the contentions raised by the respondent regarding procedural fairness and the specific terms of the agreement, concluding that the applicant had acted appropriately throughout the bargaining process.

As a result of the decision, the Fair Work Commission approved the St Paul de Chartres Nurses Enterprise Agreement 2013, allowing it to be implemented by the applicant. The approval was granted based on the findings that the agreement was the product of good faith negotiations and that it met all legal requirements for enterprise agreements under the Fair Work Act.

ST PAUL DE CHARTRES RESIDENTIAL AGED CARE

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established