Adventist HealthCare Limited Summary

[2013] FWCA 8658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adventist HealthCare Limited
(AG2013/10759)

ADVENTIST HEALTHCARE LIMITED NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2013-2015 (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] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisations.

[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 8 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adventist HealthCare Limited sought approval for the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2013-2015, which it had negotiated with the Health Services Union of Australia. The application was made to the Fair Work Commission (FWC), which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement provided for fair and reasonable terms and conditions of employment, including pay and conditions that aligned with the enterprise's capacity to pay.

The FWC evaluated the agreement, focusing on whether the terms were fair and reasonable considering the enterprise's financial situation and the broader context of the nursing industry. The Commission considered the agreement's provisions on wages, leave entitlements, and other working conditions. It assessed whether the terms were appropriate in light of the enterprise's financial health and capacity to meet the agreed-upon conditions. The FWC determined that the agreement contained terms that were fair and reasonable, taking into account the enterprise's ability to pay and the broader industry standards.

Consequently, the FWC approved the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2013-2015. The decision recognised that the agreement was fair and reasonable, and it met the criteria required by the Fair Work Act 2009. The terms of the agreement were deemed to be appropriate and in line with the enterprise's capacity to pay, thereby fulfilling the legal requirements for approval.

Adventist HealthCare Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established