Warrina Innisfail

[2014] FWCA 8074

FAIR WORK COMMISSION

DECISION

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

Warrina Innisfail
(AG2014/9265)

WARRINA INNISFAIL, QUEENSLAND NURSES UNION AND NURSES ENTERPRISE AGREEMENT 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 NOVEMBER 2014

Application for approval of the Warrina Innisfail, Queensland Nurses Union and Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warrina Innisfail, Queensland Nurses Union and Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrina Innisfail. The agreement is a single-enterprise agreement.

[2] The Queensland Nurses’ Union of Employees, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2014. The nominal expiry date of the Agreement is 31 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the Warrina Innisfail, Queensland Nurses Union and Nurses Enterprise Agreement 2014. The application was brought by the Queensland Nurses Union (QNU), which sought to have the agreement registered under the Fair Work Act 2009. The dispute arose due to objections from the employer, Warrina Innisfail, regarding the terms of the agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for registration, including ensuring it complied with the provisions of the Act.

The primary legal issue before the Commission was whether the terms of the enterprise agreement were consistent with the Fair Work Act and other relevant legislation. This involved examining whether the agreement contained the required "no disadvantage" term, which ensures that the conditions of employment under the agreement do not disadvantage employees relative to their pre-agreement conditions. The Commission also considered whether the agreement complied with the procedural requirements, including whether proper consultation had occurred and if the agreement had been made in good faith.

The Commission found that the agreement did meet the necessary criteria for registration. It confirmed that the "no disadvantage" term was appropriately included and that the procedural requirements had been satisfied. The Commission emphasised that the agreement had been made following proper consultation and in good faith, and that there was no evidence to suggest that the agreement would disadvantage any employees. Consequently, the Commission approved the Warrina Innisfail, Queensland Nurses Union and Nurses Enterprise Agreement 2014 for registration.

As a result of the Commission's decision, the agreement was approved and registered, thereby becoming a legally binding contract between the employer and the union. This outcome ensures that the terms of the agreement will govern the employment conditions of the nurses at Warrina Innisfail, providing them with a clear and recognised framework for their work conditions and employment rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established