The Corporation of the Order of the Canossian Sisters

[2016] FWCA 2122

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Corporation of the Order of the Canossian Sisters T/A Canossa

Residential Services Oxley

(AG2016/2562)

CANOSSA RESIDENTIAL SERVICES - QNU ENTERPRISE

AGREEMENT 2015-2018

Aged care industry

COMMISSIONER JOHNS

SYDNEY, 5 APRIL 2016

Application for approval of the Canossa Residential Services - QNU Enterprise Agreement

2015-2018.

[1] On 17 March 2016 The Corporation of the Order of the Canossian Sisters T/A

Canossa Residential Services Oxley (Applicant) made an application for approval of the

Canossa Residential Services – QNU Enterprise Agreement 2015-2018 (Agreement). The

application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The

Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.
[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of

the Act, as are relevant to this application for approval, has been met.

[4] 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), the

Commission notes that the Agreement covers these organisations.
[2016] FWCA 2122

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 12 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Corporation of the Order of the Canossian Sisters T/A Canossa Residential Services Oxley (the Applicant) applied to the Fair Work Commission for approval of the Canossa Residential Services – QNU Enterprise Agreement 2015-2018 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement was lodged within 14 days of being made and was intended to cover employees within the aged care industry. The Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, as bargaining representatives for the Agreement, indicated their desire for the Agreement to cover them under section 183 of the Act.

The primary legal issue the Commission had to address was whether the Agreement met the statutory requirements for approval under the Act. Specifically, the Commission needed to determine if the Agreement met the conditions outlined in sections 186, 187, and 188 of the Act, which are relevant to the approval of an enterprise agreement. Additionally, the Commission had to consider whether the Agreement covered the bargaining representatives as required under section 201(2) of the Act.

The Commission concluded that the Agreement met all the statutory requirements for approval. It was satisfied that the Agreement complied with the relevant sections of the Act and that it covered the specified bargaining representatives. Consequently, the Agreement was approved under section 54 of the Act, effective from 12 March 2016, with a nominal expiry date of 30 June 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established