DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armfleat Pty Ltd T/A Western Hospital
(AG2018/1430)

WESTERN HOSPITAL, NURSES ENTERPRISE AGREEMENT 2017- 2020

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 25 JULY 2018

Application for approval of the Western Hospital, Nurses Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Western Hospital, Nurses Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armfleat Pty Ltd T/A Western Hospital. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] 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 1 August 2018. The nominal expiry date of the Agreement is 26 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armfleat Pty Ltd, trading as Western Hospital, applied for approval of the Western Hospital, Nurses Enterprise Agreement 2017-2020. The application was heard by the Fair Work Commission, which is the body responsible for overseeing workplace agreements and resolving disputes under Australian labour law. The dispute centred on whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Act, and whether it contained any provisions that were contrary to public policy or contrary to the provisions of the Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it included all the mandated minimum terms and conditions for nurses in the healthcare sector.

The Commission found that the agreement was made in good faith and that it satisfied all the necessary procedural requirements. It was also determined that the agreement did not contain any terms that were contrary to public policy or the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for nurses, including provisions for pay, leave entitlements, and other employment conditions. Consequently, the Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the Western Hospital, Nurses Enterprise Agreement 2017-2020, finding it to be compliant with the requirements of the Fair Work Act 2009. The agreement was deemed to be made in good faith and did not include any provisions that were contrary to public policy or the Act. The Commission's decision was based on the agreement providing fair and reasonable terms and conditions for nurses, encompassing aspects such as pay, leave entitlements, and other employment conditions.

Armfleat Pty Ltd T/A Western Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established