Australian Nursing Federation Summary

[2013] FWCA 3307

FAIR WORK COMMISSION

DECISION

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

Australian Nursing Federation
(AG2013/6501)

ARDROSSAN COMMUNITY HOSPITAL INC & ANF (PRIVATE SECTOR) NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 27 MAY 2013

Application for approval of the Ardrossan Community Hospital Inc & ANF (Private Sector) Nursing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ardrossan Community Hospital Inc & ANF (Private Sector) Nursing Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Nursing Federation. The Agreement is a single-enterprise agreement.

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

[3] The Australian Nursing 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2013. The nominal expiry date of the Agreement is 1 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing Federation, on behalf of its members employed by the Ardrossan Community Hospital Inc, applied to the Fair Work Commission for the approval of the Ardrossan Community Hospital Inc & ANF (Private Sector) Nursing Employees Enterprise Agreement 2013. The application was contested by the employer, which argued that the agreement did not meet the "better off overall test" as it provided for higher wages and conditions than those stipulated by the applicable awards. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval, including whether it provided for a "better off overall test" for the employees.

The Commission found that the agreement provided for a better overall financial outcome for the employees, including higher wages and better conditions, compared to the applicable awards. The employer's argument that the agreement was not in the best interests of the employees was rejected, as the Commission found that the agreement provided for a fair and reasonable outcome for both parties. The Commission also noted that the agreement included provisions for dispute resolution and flexibility, which were in line with best practices in enterprise bargaining. The Commission approved the agreement, finding that it met the statutory requirements for approval.

The Fair Work Commission approved the Ardrossan Community Hospital Inc & ANF (Private Sector) Nursing Employees Enterprise Agreement 2013, finding that it provided for a better overall financial outcome for the employees and met the statutory requirements for approval. The employer's argument that the agreement was not in the best interests of the employees was rejected, as the Commission found that the agreement provided for a fair and reasonable outcome for both parties. The agreement included provisions for dispute resolution and flexibility, which were in line with best practices in enterprise bargaining. The approval of the agreement ensures that the employees have a fair and reasonable enterprise agreement that provides for their wages and conditions of employment.

Australian Nursing Federation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established