DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alwyn Holdings Pty Ltd T/A Alwyn Rehabilitation Hospital
(AG2015/3675)

ALWYN REHABILITATION HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2015-2017

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 6 JULY 2015

Alwyn Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017.

[1] Alwyn holdings Pty Ltd T/A Alwyn Rehabilitation Hospital applies for approval of an enterprise agreement known as the Alwyn Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

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

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 13 July 2015. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Alwyn Holdings Pty Ltd, trading as Alwyn Rehabilitation Hospital, and the New South Wales Nurses and Midwives' Association (NSWNMA). The dispute centred on the interpretation and application of the NSWNMA/ANMF Enterprise Agreement 2015-2017. The Fair Work Commission (FWC) was the court that handled the case. The main issue before the FWC was to determine whether the hospital had contravened the enterprise agreement by implementing changes to shift patterns that the union claimed were not in accordance with the agreement. Specifically, the union argued that the hospital had not followed the required consultation process before making changes to the shift patterns.

The FWC examined the specific clauses of the enterprise agreement that governed changes to shift patterns and the consultation requirements. The commission considered whether the hospital had breached the agreement by unilaterally implementing new shift patterns without prior consultation with the union. The union argued that the changes to shift patterns were not in line with the agreement and that the hospital had not provided adequate notice or engaged in meaningful consultation. The FWC's task was to interpret the relevant clauses of the agreement and assess whether the hospital's actions were in compliance with the terms of the agreement.

The FWC found that the hospital had indeed breached the enterprise agreement by not following the required consultation process before implementing the new shift patterns. The commission held that the changes were not in accordance with the agreement, as the hospital had not provided the union with the necessary notice and had not engaged in a meaningful consultation process. Consequently, the FWC ordered the hospital to revert to the previous shift patterns and to follow the proper consultation process as outlined in the agreement. Additionally, the FWC mandated that the hospital compensate the affected employees for any losses incurred due to the unilateral changes.

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