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

[2013] FWCA 4544

FAIR WORK COMMISSION

DECISION

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

The Uniting Church in Australia Property Trust (Q) T/A UnitingCare Health
(AG2013/1560)

UNITINGCARE HEALTH & QNU NURSES ENTERPRISE AGREEMENT 2012-2015

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2013

Application for approval of the UnitingCare Health & QNU Nurses Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a single enterprise agreement known as the UnitingCare Health & QNU Nurses Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Uniting Church in Australia Property Trust (Q) T/A UnitingCare Health.

[2] 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] On 8 July 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Queensland Nurses Union of Employees, 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 18 July 2013. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust, trading as UnitingCare Health, applied for approval of the UnitingCare Health & QNU Nurses Enterprise Agreement 2012-2015. The applicant sought the Fair Work Commission's (FWC) approval of the agreement, which was intended to regulate the employment conditions of nurses under the Fair Work Act 2009. The Queensland Nurses Union (QNU) also participated in the proceedings, advocating on behalf of the nurses.

The primary legal issue before the FWC was whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act. The court had to consider whether the agreement was "fair and reasonable" and whether it contained essential safeguards for the protection of employees, as required by the legislation. This involved examining the agreement's provisions, including those related to wages, conditions, and dispute resolution mechanisms.

In assessing the agreement, the FWC took into account various factors, including the need for a fair and reasonable balance between the interests of employers and employees. The FWC noted that the agreement had been negotiated in good faith and that it provided for reasonable terms and conditions of employment. The FWC also considered the input of the QNU, which supported the agreement as being fair and reasonable. Based on these considerations, the FWC determined that the UnitingCare Health & QNU Nurses Enterprise Agreement 2012-2015 met the necessary criteria and approved the agreement.

The FWC's decision was made in light of the evidence and submissions presented by both the applicant and the QNU. The court concluded that the agreement was fair and reasonable and contained appropriate safeguards for the protection of employees. The approval of the agreement ensures that the terms and conditions of employment for nurses under the UnitingCare Health are regulated in a manner that is consistent with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established