DECISION

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

Adventist HealthCare Limited
(AG2015/3720)

ADVENTIST HEALTHCARE LIMITED NURSING EMPLOYEES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 6 JULY 2015

Application for approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2015.

[1] Adventist HealthCare Limited applies for approval of an enterprise agreement known as the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2015 (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 Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 13 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Adventist HealthCare Limited, a healthcare provider, sought approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2015 from the Fair Work Commission. The application was brought by the employer against the Registered Nurses’ Union of New South Wales, the union representing the employees. The dispute centred around the terms and conditions of employment for registered nurses under the proposed enterprise agreement.

The court was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the employer and the union. The court also needed to consider whether the agreement was in compliance with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the proposed agreement met all necessary legal criteria. It was determined that the agreement provided for fair and reasonable terms and conditions of employment and had been genuinely negotiated. The Commission also found the agreement to be compliant with the relevant legislative requirements. Consequently, the Commission approved the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2015.

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