Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc

[2016] FWCA 2025

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc

T/A Ballan District Health and Care

(AG2016/2576)

BALLAN DISTRICT HEALTH AND CARE HEALTH PROFESSIONALS

AND FITNESS STAFF ENTERPRISE AGREEMENT 2015

Health and welfare services

COMMISSIONER ROE

MELBOURNE, 31 MARCH 2016

Application for approval of the Ballan District Health and Care Health Professionals and

Fitness Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Ballan District Health and Care Health Professionals and Fitness Staff Enterprise Agreement

2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009

(the Act). It has been made by Ballan & District Soldiers Memorial Bush Nursing Hospital &

Hostel Inc T/A Ballan District Health and Care. The Agreement is a single enterprise

agreement.

[2] 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Health Services Union of Australia 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.
[2016] FWCA 2025

[4] The Agreement was approved on 31 March 2016 and, in accordance with s.54, will

operate from 7 April 2016. The nominal expiry date of the Agreement is 26 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application for the approval of the Ballan District Health and Care Health Professionals and Fitness Staff Enterprise Agreement 2015. The applicant is Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc, trading as Ballan District Health and Care. The enterprise agreement in question is designed to cover health professionals and fitness staff employed by the organisation. The application was lodged under section 185 of the Fair Work Act 2009.

The primary legal issues addressed by the Commission included whether the enterprise agreement met all relevant requirements under sections 186, 187, and 188 of the Fair Work Act. Additionally, the Commission needed to determine if the group of employees covered by the agreement was fairly chosen, even though not all employees were included. The Health Services Union of Australia, a bargaining representative, also sought for the agreement to cover its members, a matter addressed under section 201(2) of the Act.

The Fair Work Commission found that all relevant requirements for approving the enterprise agreement were met. The Commission was satisfied that the group of employees was fairly chosen, considering the factors outlined in sections 186(3) and (3A) of the Act. The agreement was also found to cover the organisation as per section 201(2) of the Act. Consequently, the Agreement was approved and will come into effect from 7 April 2016, with a nominal expiry date of 26 November 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established