Wongaburra Society

[2014] FWCA 2136

FAIR WORK COMMISSION

DECISION

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

Wongaburra Society
(AG2014/698)

WONGABURRA - NURSES ENTERPRISES AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 1 APRIL 2014

Application for approval of the Wongaburra - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wongaburra - Nurses Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Miles Witt Partnership. 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, 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Wongaburra Society was the applicant in an application to the Fair Work Commission to approve the Wongaburra - Nurses Enterprise Agreement 2013. The respondents were the Australian Nursing and Midwifery Federation, Australian Health Services Union, Health Services Union of Australia, and the Queensland Nurses Union. The dispute involved the approval of a new enterprise agreement between the Wongaburra Society and its employees, represented by the unions.

The primary legal issue before the commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, particularly regarding the proper provision of information to employees and the process for the agreement's approval. The unions argued that the agreement did not comply with these provisions and thus should not be approved.

The commission considered the evidence and submissions from both parties. It examined the process by which the agreement was negotiated and whether the information provided to the employees was adequate. The commission found that the Wongaburra Society had taken reasonable steps to provide information to its employees and that the process for approving the agreement was in accordance with the act. Consequently, the commission approved the Wongaburra - Nurses Enterprise Agreement 2013, finding that it met the necessary legal standards.

The Fair Work Commission approved the Wongaburra - Nurses Enterprise Agreement 2013, confirming that it complied with the requirements of the Fair Work Act 2009. This decision resolved the dispute between the Wongaburra Society and the unions regarding the agreement's approval process and information provision to employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established