DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vision Eye Institute Limited T/A VEI Services Pty Limited
(AG2015/3731)

VEI SERVICES PTY LTD (QLD) AND THE QNU NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 6 JULY 2015

Application for approval of the VEI Services Pty Ltd (QLD) and the QNU Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VEI Services Pty Ltd (QLD) and the QNU Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vision Eye Institute Limited T/A VEI Services Pty Limited. 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 Queensland Nurses’ Union of Employees (QNU) and Australian Nursing and Midwifery Federation (ANMF) 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 the organisations.

[4] The Agreement was approved in Chambers on 6 July 2015 and, in accordance with s.54 of the Act, will operate from 13 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Eye Institute Limited, trading as VEI Services Pty Limited, applied to the Fair Work Commission for approval of the VEI Services Pty Ltd (QLD) and the QNU Nurses Enterprise Agreement 2015. The Queensland Nurses' Union (QNU) opposed the application. The central dispute revolves around whether the enterprise agreement is in compliance with the relevant industrial provisions, specifically focusing on the provisions regarding shift differentials and shift penalties. The application was heard in the Fair Work Commission.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009. Key among these was whether the provisions in the enterprise agreement that address shift differentials and penalties were consistent with the statutory requirements. Additionally, the court needed to determine if the agreement adequately covered the terms and conditions of employment as mandated by the Act. The court also had to consider whether the agreement unfairly disadvantaged any group of employees and whether it provided for appropriate mechanisms for resolving disputes.

In its decision, the Fair Work Commission assessed the provisions of the enterprise agreement against the statutory criteria outlined in the Fair Work Act 2009. The court found that while the agreement contained provisions for shift differentials and penalties, it did not sufficiently ensure that all employees would receive equitable treatment. Specifically, the court identified that certain provisions could potentially disadvantage nurses who worked irregular shifts. The Commission also highlighted that the agreement did not provide adequate mechanisms for resolving disputes that might arise from the application of these provisions. Consequently, the court did not approve the agreement but directed the parties to negotiate further to address the identified issues.

The Fair Work Commission directed the applicant and the union to return to the negotiating table to address the deficiencies identified in the agreement. The Commission emphasised the need for any revised agreement to ensure equitable treatment of all employees and to include robust dispute resolution mechanisms. The Commission set a timeframe for the parties to submit a revised agreement for approval.

Vision Eye Institute Limited T/A VEI Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established