DECISION

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

The Corporation of the Roman Catholic Diocese of Toowoomba T/A Lourdes Home for the Aged
(AG2015/2560)

LOURDES HOME FOR THE AGED ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 8 MAY 2015

Application for approval of the Lourdes Home for the Aged Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lourdes Home for the Aged Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Corporation of the Roman Catholic Diocese of Toowoomba T/A Lourdes Home for the Aged. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the Queensland Nurses Union, 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 and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Corporation of the Roman Catholic Diocese of Toowoomba, trading as the Lourdes Home for the Aged, sought approval for the Lourdes Home for the Aged Enterprise Agreement 2015 in the Fair Work Commission. The application arose following negotiations between the employer and the Australian Nursing and Midwifery Federation Queensland Branch, the relevant union representing the employees. The dispute centred on whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to resolve included whether the agreement was genuinely negotiated, if it appropriately covered all employees, and if it complied with the provisions of the Fair Work Act, particularly those concerning the terms and conditions of employment. Additionally, the Commission had to assess whether the agreement addressed all the required minimum terms and conditions set by the relevant industrial instruments.

The Fair Work Commission assessed the application by examining the negotiation process and the contents of the agreement. It considered the evidence provided by both parties regarding the negotiation process, finding that the agreement was genuinely negotiated and not imposed. The Commission also determined that the agreement covered all employees within the scope of the bargaining unit. Furthermore, the Commission found that the agreement met all the statutory requirements of the Fair Work Act, including the incorporation of all required minimum terms and conditions. As a result, the Commission approved the Lourdes Home for the Aged Enterprise Agreement 2015, deeming it to be compliant with the relevant legislative framework.

The final orders of the Commission were that the Lourdes Home for the Aged Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment for the employees at the Lourdes Home for the Aged are governed by the approved agreement, providing legal certainty and stability in the workplace.

The Corporation of the Roman Catholic Diocese of Toowoomba T/A Lourdes Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established