Alvan Pty Ltd ITF APH Trust T/A The Park Private Hospital

[2018] FWCA 574

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Alvan Pty Ltd ITF APH Trust T/A The Park Private Hospital

(AG2017/5338)

Park Private Hospital Registered and Enrolled Nurses Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	MELBOURNE, 29 JANUARY 2018

Application for approval of the Park Private Hospital Registered and Enrolled Nurses Enterprise Agreement 2017.

On 6 November 2017 Alvan Pty Ltd ITF APH Trust T/A The Park Private Hospital (Applicant) made an application for approval of the Park Private Hospital Registered and Enrolled Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has indicated its acceptance of the undertakings.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 5 February 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Alvan Pty Ltd ITF APH Trust T/A The Park Private Hospital, the applicant sought the Fair Work Commission's (FWC) approval of the Park Private Hospital Registered and Enrolled Nurses Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for registered and enrolled nurses at the hospital. The applicant argued that the agreement was appropriate for endorsement, while the respondent raised concerns about several provisions within the agreement.

The central legal issue before the FWC was whether the provisions of the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement was in the best interests of the employees, did not unfairly discriminate against employees, and met the other criteria set out in the Act. The FWC also needed to consider whether the agreement provided a fair and reasonable outcome for both parties.

The FWC carefully examined each provision of the enterprise agreement in light of the statutory criteria. The Commission found that while many of the provisions were reasonable, some aspects did not align with the requirements of the Fair Work Act. After making certain modifications to the agreement, the FWC concluded that the amended agreement was fair and reasonable and met the necessary criteria. The FWC approved the amended agreement, subject to the modifications.

The final orders of the FWC included the approval of the Park Private Hospital Registered and Enrolled Nurses Enterprise Agreement 2017, as amended, with specific modifications to ensure compliance with the Fair Work Act. These modifications were intended to address the concerns raised by the respondent and to provide a fair and reasonable outcome for both parties. The amended agreement was to take effect from the date of the decision, and the FWC provided detailed reasons for its determination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established