DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army (Queensland) Property Trust atf The Social Work T/A The Salvation Army Australia Eastern Territory
(AG2017/1252)

THE SALVATION ARMY QUEENSLAND SOCIAL SERVICES - NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 28 APRIL 2017

Application for approval of the The Salvation Army Queensland Social Services - Nurses Enterprise Agreement 2016.

[1] On 11 April 2017, The Salvation Army (Queensland) Property Trust atf The Social Work T/A The Salvation Army Australia Eastern Territory (Applicant) made an application for approval of The Salvation Army Queensland Social Services – Nurses Enterprise Agreement 2016 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the dispute were The Salvation Army (Queensland) Property Trust, acting on behalf of The Social Work T/A The Salvation Army Australia Eastern Territory, and the respondents, which included various employees of the entity. The nature of the dispute centred around the approval of the The Salvation Army Queensland Social Services - Nurses Enterprise Agreement 2016. The case was heard in the Fair Work Commission.

The primary legal issue that the court had to decide was whether the terms and conditions set out in the enterprise agreement were fair and reasonable. This involved assessing the balance of the agreement, ensuring that it complied with the relevant legislative framework, and considering the impact on the employees. The court had to determine whether the agreement met the criteria for approval as stipulated under the Fair Work Act 2009.

In delivering the judgment, the court examined the submissions from both parties, taking into account the evidence and arguments presented. The court found that the enterprise agreement provided a fair and reasonable balance of benefits, rights, and obligations for both the employees and the employer. The agreement was deemed to comply with the legislative requirements, and the court was satisfied that it was in the best interests of the employees. As a result, the court approved the The Salvation Army Queensland Social Services - Nurses Enterprise Agreement 2016. The decision was made in the interest of maintaining fair and reasonable industrial relations between the employer and the employees.

The Salvation Army (Queensland) Property Trust atf The Social Work T/A The Salvation Army Australia Eastern Territory

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established