DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adventist HealthCare Limited
(AG2020/3687)

ADVENTIST HEALTHCARE LIMITED NURSING EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 23 DECEMBER 2020

Application for approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2020 (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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adventist HealthCare Limited, an employer, and the Health Services Union, a union representing nursing employees, sought approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2020. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The central issue before the FWC was whether the agreement was made in good faith, and if it contained the necessary minimum terms and conditions as stipulated by the Act. The FWC also needed to consider whether the agreement was fairly negotiated and whether it appropriately balanced the interests of both the employer and the employees.

In considering the good faith requirement, the FWC examined the negotiation process and whether both parties had genuinely attempted to reach an agreement. The FWC reviewed evidence of meetings, communications, and the willingness of both parties to compromise. For the minimum terms and conditions, the FWC assessed whether the agreement covered all mandatory topics and provided terms that were not less favourable than the applicable awards or the national employment standards. The FWC also needed to ensure that the agreement did not undermine the operation of the Act or the protection of employees’ rights.

The FWC concluded that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The evidence showed that both parties had engaged in meaningful negotiations and reached the agreement voluntarily. The FWC determined that the agreement adequately addressed the required topics and provided terms that were not less favourable than the applicable awards or the national employment standards. Consequently, the FWC approved the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2020. The court ordered that the agreement be registered with the Fair Work Ombudsman and that it would be in effect from the date of approval.

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