DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2016/7339)

ABBOTSFORD PRIVATE HOSPITAL & BLACKWOOD RIVER CLINIC REGISTERED AND ENROLLED NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Abbotsford Private Hospital & Blackwood River Clinic Registered and Enrolled Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Abbotsford Private Hospital & Blackwood River Clinic Registered and Enrolled Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Nursing and Midwifery Federation. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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 8 February 2017. The nominal expiry date of the Agreement is 10 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of the Australian Nursing and Midwifery Federation involves an application for the approval of the Abbotsford Private Hospital & Blackwood River Clinic Registered and Enrolled Nurses Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The dispute centres around the terms of the proposed agreement, which seeks to establish the employment conditions for registered and enrolled nurses at the two facilities. The Federation argues that the agreement meets the necessary standards for approval, while the hospital and clinic dispute certain provisions, contending they do not comply with statutory requirements.

The key legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable set of terms, and if it was free from any prohibited content. The Federation contended that the agreement was fair and reasonable and did not include any elements that would render it invalid. Conversely, the hospital and clinic argued that specific terms were unfair and should be struck out.

The Commission carefully reviewed the agreement and considered the arguments presented by both parties. In its reasoning, the Commission found that, while the agreement largely adhered to the statutory requirements, certain provisions needed to be modified to ensure compliance. The Commission addressed the concerns raised by the hospital and clinic by making specific amendments to the agreement. As a result, the Commission approved the agreement with the modifications, finding that it now met all necessary criteria. The decision was made in a way that ensured the agreement provided fair and reasonable terms for the nurses while also adhering to the legal framework governing enterprise agreements.

The final orders included the approval of the amended Abbotsford Private Hospital & Blackwood River Clinic Registered and Enrolled Nurses Enterprise Agreement 2016, with the modifications made by the Commission. This outcome ensures that the agreement will now govern the employment conditions of the nurses at the two facilities, with the modifications addressing the legal concerns raised during the hearing.

Australian Nursing and Midwifery Federation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established