DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Baptist Union of Queensland - Carinity T/A Carinity
(AG2017/4918)

QUEENSLAND BAPTIST UNION-CARINITY NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Baptist Union of Queensland - Carinity T/A Carinity. 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 Queensland Nurses and Midwives’ 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Baptist Union of Queensland and Carinity T/A Carinity were before the Court in an application for the approval of the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2017. The matter was heard by the Fair Work Commission, a federal statutory tribunal in Australia, tasked with the responsibility of overseeing and enforcing workplace relations laws. The application was brought forth due to a dispute regarding the terms and conditions of employment of nurses under the proposed agreement, which both parties sought to have approved as a legally binding contract.

The primary legal issue before the Court was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement was a "single-enterprise agreement," if it was "in writing," and if it had been fairly negotiated. Furthermore, the Court had to assess whether the agreement was procedurally fair, given the process followed in reaching the agreement, and if the agreement's terms were substantively fair, taking into account factors such as pay rates, working conditions, and the needs of the parties involved.

In its decision, the Court held that the agreement was a single-enterprise agreement and was in writing, as it complied with the prescribed form. The Court found that the agreement had been fairly negotiated, given the evidence provided by both parties. The Court also determined that the agreement was procedurally fair, as both parties had followed the necessary processes in reaching the agreement. In terms of substantive fairness, the Court considered various factors, including the pay rates, working conditions, and the needs of the parties involved. After carefully evaluating the evidence and arguments presented by both parties, the Court concluded that the proposed agreement was substantively fair and approved the Queensland Baptist Union-Carinity Nurses Enterprise Agreement 2017. This decision allowed the agreement to become a legally binding contract between the parties, governing the terms and conditions of employment for nurses under the agreement.

The Baptist Union of Queensland - Carinity T/A Carinity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established