DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alwyn Holdings Pty Ltd T/A Alwyn Rehabilitation Hospital
(AG2020/238)

ALWYN REHABILITATION HOSPITAL, NSWNMA AND ANMF NSW BRANCH ENTERPRISE AGREEMENT 2019 TO 2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 FEBRUARY 2020

Application for approval of the Alwyn Rehabilitation Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2019 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the Alwyn Rehabilitation Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2019 to 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 February 2020. The nominal expiry date of the Agreement is 1 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Alwyn Holdings Pty Ltd, trading as Alwyn Rehabilitation Hospital, sought approval of the Alwyn Rehabilitation Hospital, NSW Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation NSW Branch Enterprise Agreement 2019 to 2022. The dispute involved the interpretation and application of the Fair Work Act 2009 in relation to the conditions of employment for nurses and midwives at the hospital. The Commission was required to determine whether the agreement met the legal requirements for approval, including whether it facilitated the efficient operation of the hospital and whether it provided for the fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act, and whether it was consistent with the Commission's principles of good faith bargaining and the promotion of harmonious, productive and cooperative workplace relations. Additionally, the Commission had to assess whether the agreement met the threshold for being a "single-employer" agreement, and whether it contained provisions that could potentially undermine the rights of employees.

The Commission found that the agreement met the statutory requirements for approval. It noted that the agreement facilitated the efficient operation of the hospital by providing for clear roles and responsibilities, as well as promoting harmonious, productive and cooperative workplace relations. The Commission also found that the agreement was consistent with the principles of good faith bargaining, as it had been negotiated in a genuine and collaborative manner. The Commission concluded that the agreement contained provisions that were fair and reasonable, and that it did not undermine the rights of employees. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Alwyn Rehabilitation Hospital, NSW Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation NSW Branch Enterprise Agreement 2019 to 2022. The Commission found that the agreement met the statutory requirements for approval and was consistent with the principles of good faith bargaining and the promotion of harmonious, productive and cooperative workplace relations. The Commission also found that the agreement contained provisions that were fair and reasonable, and that it did not undermine the rights of employees. The approval of the agreement will provide certainty and stability to the employment conditions of nurses and midwives at the hospital, and will facilitate the efficient operation of the hospital.

Alwyn Holdings Pty Ltd T/A Alwyn Rehabilitation Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established