Adventist HealthCare Limited T/A Adventist HealthCare Limited Summary

[2022] FWCA 3684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adventist HealthCare Limited T/A Adventist HealthCare Limited

(AG2022/4237)

Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 OCTOBER 2022

Application for approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Adventist HealthCare Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The Australian Nursing and Midwifery Federation - NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2022. The nominal expiry date of the Agreement is 1 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adventist HealthCare Limited, trading as Adventist HealthCare Limited, sought approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, presided over by Commissioner K. A. O'Loughlin. The dispute involved the terms and conditions of employment for nursing staff at the healthcare facility, with the primary focus on whether the proposed agreement met the statutory requirements for approval.

The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the proper protection of employees' wages, conditions, and other terms and conditions of employment. The court also had to consider whether the agreement was free from any prohibited content, such as provisions that contravened the Fair Work Act. The agreement's compliance with the "better off overall test" was another key issue, ensuring that the employees were not worse off financially under the new terms.

Commissioner O'Loughlin examined the provisions of the agreement, focusing on the wage rates, penalty rates, leave entitlements, and other employment conditions. The Commissioner concluded that the agreement did not contain any prohibited content and met the requirements of the "better off overall test." The Commissioner noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the employees would not be worse off financially under the new agreement. Consequently, the Commissioner approved the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022, affirming its compliance with the statutory requirements.

Adventist HealthCare Limited T/A 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