Application for approval of the Wesley Mission Queensland Limited Nursing Employees Enterprise Agreement 2025

[1] Wesley Mission Queensland Limited (the Employer) has applied for approval of an enterprise agreement known as the Wesley Mission Queensland Limited Nursing Employees Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Nursing and Midwifery Federation (ANMF) and the Australian Workers' Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU submitted that the Employer's undertakings resolved the Commission's concerns, and the ANMF advised that it did not have any issues with the undertakings.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I advised the parties my view that the Agreement's workplace delegates' rights term was less favourable than that contained in the Nurses Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Aeard is attached to the Agreement and taken to be a term of it.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the Employer. I note that bargaining for Nursing Assistants will soon commence, and Registered Nurses Level 4 and 5, who perform managerial roles remain covered by the Blue Care/Wesley Mission Brisbane Nursing Employees Enterprise Agreement 2013. The Employer has provided pay increases to Level 4 and 5 Nurses. Taking into account s.186(3) and (3A) of the Act, I am satisfied that the group of employees was fairly chosen on account of being operationally and organisationally distinct.

[6] The ANMF and the AWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF and the AWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 2 March 2026. The nominal expiry date of the Agreement is 30 October 2027.

[8] In its application to the Commission, the Employer advised of an error contained in the allowances table in Schedule A on page 39 of the Agreement. The Employer stated that the uniform and laundry allowance rates had been inadvertently swapped, such that the daily uniform allowance was $0.65 and the daily laundry allowance was $1.51. The Employer advised that the relevant entitlements were correctly described in clause 5.2 of the Agreement, which provides a uniform allowance of $1.51 and a laundry allowance of $0.65.

[9] I advised the parties of my view that the inadvertent swapping of allowances was an obvious typographical error pursuant to s.218A of the Act, and that I was minded to vary Schedule A of the Agreement to correctly reflect the allowances provided by clause 5.2. I sought the views of the ANMF and the AWU in relation to this proposal. The AWU advised that it had no objection to the Commission varying the Agreement in accordance with my proposal.

[10]

I am satisfied that the error described above is an obvious error within the meaning of s.218A of the Act. Accordingly, I exercise my discretion to vary the Agreement to correct the error by substituting the table in Schedule A on page 39 such that it correctly reflects the allowances provided by clause 5.2 of the Agreement. I do so on the Commission's initiative pursuant to s.218A(2)(a) of the Act. The Employer has provided a revised copy of the Agreement containing the correct table in Schedule A. That version of the Agreement will be published alongside this decision.

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