DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Q) T/A Uniting Care Health
(AG2015/6434)

UNITINGCARE HEALTH & QNU NURSES ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 23 OCTOBER 2015

Application for approval of the UnitingCare Health & QNU Nurses Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Health & QNU Nurses Enterprise Agreement 2015 - 2018 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Uniting Church in Australia Property Trust (Q) T/A Uniting Care Health. 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 Queensland Nurses’ Union of Employees and the Australian Nursing and Midwifery Federation 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 organisation.

[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 Uniting Church in Australia Property Trust (Q) T/A Uniting Care Health sought approval of the UnitingCare Health & QNU Nurses Enterprise Agreement 2015-2018. The dispute arose between the applicant, representing the UnitingCare Health and Queensland Nurses' Union, and various other entities. The application was heard in the Fair Work Commission, which had jurisdiction over the matter due to its role in regulating and approving enterprise agreements under the Fair Work Act 2009 (Cth).

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval. Specifically, the Commission had to determine if the agreement complied with the Fair Work Act's requirements, including provisions related to the terms of employment, the rights and obligations of employers and employees, and any other relevant legislative standards. A significant aspect of the inquiry was whether the agreement's provisions adhered to the 'better off overall test', which mandates that employees should not be worse off financially under the new agreement.

In assessing the application, the Commission considered the submissions from the applicant, the various stakeholders, and the broader public interest. The Commission found that the proposed agreement met the necessary statutory criteria and did not disadvantage employees in terms of pay and conditions. The agreement included provisions that were consistent with the objectives of the Fair Work Act, including fair and equitable terms for employees. Consequently, the Commission approved the UnitingCare Health & QNU Nurses Enterprise Agreement 2015-2018, ensuring its alignment with legislative standards and the interests of both employers and employees.

The Uniting Church in Australia Property Trust (Q) T/A Uniting Care Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established