DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Q) T/A UnitingCare Health
(AG2018/6758)

UNITINGCARE HEALTH & QNMU - NURSES AND MIDWIVES - ENTERPRISE AGREEMENT 2018 - 2021

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2019

Application for approval of the UnitingCare Health & QNMU - Nurses and Midwives - Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Health & QNMU - Nurses and Midwives - Enterprise Agreement 2018 - 2021 (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 UnitingCare Health. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Uniting Church in Australia Property Trust, trading as UnitingCare Health, applied for the approval of the UnitingCare Health and Queensland Nurses and Midwives' Union Enterprise Agreement 2018-2021. The application was opposed by the Queensland Nurses and Midwives' Union (QNMU), who raised concerns about certain provisions of the agreement, particularly those relating to the classification and remuneration of nurses. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the formal requirements of the Fair Work Act, whether it provided for the appropriate bargaining of terms and conditions of employment, and whether it included any provisions that were contrary to public policy. A critical issue was the classification of nurses within the agreement and the associated pay scales, which the QNMU argued were not adequately reflective of the roles and responsibilities of the nurses.

The Fair Work Commission carefully examined the proposed agreement and considered the submissions made by both UnitingCare Health and the QNMU. The Commission noted that while the agreement generally complied with the formal requirements of the Fair Work Act, there were specific provisions relating to nurse classification and pay scales that required adjustment. The Commission found that the proposed classification scheme did not adequately account for the complexity and scope of the roles undertaken by nurses, and therefore, adjustments were necessary to ensure fair and accurate classification. After considering the submissions and making the necessary amendments, the Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the relevant legislative framework.

The final orders included the approval of the UnitingCare Health and QNMU Enterprise Agreement 2018-2021, subject to the amendments made by the Commission regarding the classification and remuneration of nurses. The Commission also directed that the agreement be registered with the Fair Work Commission. This decision ensures that the agreement will provide a fair and equitable framework for the employment of nurses within UnitingCare Health, while also complying with the legal standards set out in the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established