DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardrossan Community Hospital Inc
(AG2019/472)

ARDROSSAN COMMUNITY HOSPITAL INC & ANMF (PRIVATE SECTOR) NURSING EMPLOYEES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 30 MAY 2019

Application for approval of the Ardrossan Community Hospital Inc & ANMF (Private Sector) Nursing Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ardrossan Community Hospital Inc & ANMF (Private Sector) Nursing Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ardrossan Community Hospital Inc. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Ardrossan Community Hospital Inc involved the applicant hospital seeking approval of the 2019 Enterprise Agreement with the ANMF (Private Sector) Nursing Employees. The Fair Work Commission was the court tasked with reviewing and deciding upon the application. The primary legal issue was whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the process by which it was made and whether it contained all the necessary minimum terms and conditions of employment.

The Commission examined the procedural fairness of the bargaining process, ensuring that it complied with the statutory obligations. It also evaluated whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and other relevant employment standards. The Commission assessed the fairness of the agreement by considering the balance of interests of both the employer and the employees, and whether it achieved a fair and equitable outcome. Ultimately, the Commission found that the agreement was appropriately negotiated and contained all the required minimum terms, thus meeting the legislative standards.

In conclusion, the Fair Work Commission approved the Ardrossan Community Hospital Inc & ANMF (Private Sector) Nursing Employees Enterprise Agreement 2019. The decision affirmed that the agreement was made in compliance with the Fair Work Act and contained all necessary minimum terms and conditions. The approval ensures that the agreement will govern the employment relationship between the hospital and the nursing staff, providing a framework for their working conditions and rights.

Ardrossan Community Hospital Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established