DECISION

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

The Baptist Union of Queensland - Carinity
(AG2015/3085)

QUEENSLAND BAPTIST UNION-CARINITY NURSES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 3 JULY 2015

Application for approval of the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2015.

[1] The Baptist Union of Queensland – Carinity applies for approval of an enterprise agreement known as the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2015 (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 Queensland Nurses’ Union of Employees, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Baptist Union of Queensland sought approval for the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the requirements for an enterprise agreement, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions.

The Commission found that the agreement was made in good faith and that it contained all the necessary minimum terms and conditions. The Baptist Union of Queensland had demonstrated that it had taken reasonable steps to ensure that the agreement was negotiated with Carinity, the registered organisation representing the nurses. The Commission also found that the agreement contained all the necessary minimum terms and conditions, including those relating to remuneration, classification, and conditions of employment.

Accordingly, the Commission approved the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2015. The agreement was registered on the Register of Approved Enterprise Agreements, and became legally binding on the parties from the date of registration. The decision provides useful guidance for employers and unions seeking to negotiate and register enterprise agreements that comply with the requirements of the Fair Work Act 2009.

The Baptist Union of Queensland - Carinity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established