DECISION

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

The Salvation Army (Queensland) Property Trust atf The Social Work
(AG2021/12)

THE SALVATION ARMY QUEENSLAND AOD SERVICES - NURSES ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
COMMISSIONER SPENCER	BRISBANE, 10 FEBRUARY 2021

Application for approval of The Salvation Army Queensland AOD Services - Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Salvation Army Queensland AOD Services - Nurses Enterprise Agreement 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 Salvation Army (Queensland) Property Trust atf The Social Work (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Salvation Army (Queensland) Property Trust, acting on behalf of The Social Work, applied to the Fair Work Commission for approval of The Salvation Army Queensland AOD Services – Nurses Enterprise Agreement 2020. The application was opposed by the Queensland Nurses and Midwives' Union (QNMU). The central dispute was whether the proposed enterprise agreement complied with the statutory requirements for fair work agreements, including whether it met the "better off overall test" and if it was made in good faith.

The primary legal issue before the Commission was whether the proposed agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided employees with a better outcome than they would have achieved without the agreement and whether the agreement was made in good faith. The QNMU argued that the agreement did not meet these criteria and was not genuinely negotiated. The Salvation Army (Queensland) Property Trust maintained that the agreement was fairly negotiated and met all the statutory requirements.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission was satisfied that the agreement had been genuinely negotiated and provided employees with a better outcome than they would have achieved without the agreement. The Commission also found that the agreement was made in good faith. The QNMU's arguments regarding the negotiation process and the better off overall test were rejected. Consequently, the Commission approved the proposed enterprise agreement.

The Commission made orders approving The Salvation Army Queensland AOD Services – Nurses Enterprise Agreement 2020. The agreement was to be registered and would apply to the employees covered by it from 1 July 2020. The orders also provided for the agreement to be published and for the parties to take such steps as were necessary to give effect to the agreement. The QNMU's application to set aside the approval of the agreement was dismissed.

The Salvation Army (Queensland) Property Trust atf The Social Work

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established