DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adventist HealthCare Limited
(AG2017/1961)

ADVENTIST HEALTHCARE LIMITED NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2017

Application for approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adventist HealthCare 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) I note that the Agreement covers these organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adventist HealthCare Limited, an employer, and the Health Services Union of Australia, a union, sought approval for the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The union sought approval of the agreement under section 234 of the Fair Work Act 2009. The employer opposed the application on the basis that the agreement failed to meet the 'better off overall test' and contained provisions that were contrary to public policy.

The court was required to determine whether the agreement was in the interests of employees and whether it was consistent with the 'better off overall test'. The court also had to consider whether the agreement contained any provisions that were contrary to public policy. The employer argued that the agreement failed to meet the 'better off overall test' because it did not provide employees with sufficient wage increases. The employer also argued that some provisions of the agreement were contrary to public policy. The union submitted that the agreement was in the interests of employees and met the 'better off overall test'. The union also argued that the agreement did not contain any provisions that were contrary to public policy.

The court found that the agreement was in the interests of employees and met the 'better off overall test'. The court also found that the agreement did not contain any provisions that were contrary to public policy. The court found that the agreement provided employees with sufficient wage increases and other benefits that were in their interests. The court also found that the agreement did not contain any provisions that were contrary to public policy. The court approved the agreement and ordered that it be registered.

The court ordered that the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2017 be registered under section 234 of the Fair Work Act 2009. The court also ordered that the agreement be in effect from 1 July 2017. The court found that the agreement was fair and reasonable and met the requirements of the Act. The court also found that the agreement did not contain any provisions that were contrary to public policy. The court approved the agreement and ordered that it be registered.

Adventist HealthCare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established