| [2018] FWCA 2556 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland
(AG2017/6607)
Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2017-2020
| Health and welfare services | |
| Commissioner Gregory | MELBOURNE, 8 MAY 2018 |
Application for approval of the Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2017-2020.
An application has been made for approval of an enterprise agreement known as the Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2017-2020 (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 Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland. The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2018. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
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Annexure A
- AGLC
- The Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Southern Queensland [2018] FWCA 2556
- Case
- [2018] FWCA 2556
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for the health and safety of employees, including in relation to the lifting and moving of patients. The Commission had to balance the rights and interests of the employer and the employees, and ensure that the agreement complied with the legislative framework for enterprise agreements.
The Commission found that the agreement contained provisions that addressed the handling of lifting and moving patients, including the use of appropriate equipment and the implementation of safe manual handling techniques. The Commission also considered the evidence provided by Anglicare Southern Queensland regarding the implementation of these provisions and the training provided to employees. The Commission concluded that the agreement provided adequate safeguards for the health and safety of employees and met the requirements for approval under the Fair Work Act 2009. The application was approved.
The Fair Work Commission approved the Anglicare Southern Queensland Nursing Staff Enterprise Agreement 2017-2020, finding that it provided adequate safeguards for the health and safety of employees, including in relation to the lifting and moving of patients. The Commission emphasised the importance of ensuring that employees are provided with the necessary training and equipment to perform their duties safely, and that employers take all reasonable steps to prevent injury and illness in the workplace.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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