DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bathurst Private Hospital Pty Ltd
(AG2015/7680)

BATHURST PRIVATE HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2015 - 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 2 FEBRUARY 2016

Application for approval of the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2015 - 2017.

[1] On 14 December 2015 Bathurst Private Hospital Pty Ltd (Applicant) made an application for approval of the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2015 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 February 2016. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Bathurst Private Hospital, represented by the applicant, seeking approval for the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017. The applicant sought to have the agreement approved by the Fair Work Commission. The Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements of the Act and whether it was in the best interests of the employees covered by the agreement.

The central legal issues before the court were whether the agreement was a "good faith" agreement, whether it had been fairly negotiated, and whether it was in the best interests of the employees. The applicant argued that the agreement was a genuine expression of the parties' intentions and had been fairly negotiated, while the respondents contended that the agreement did not meet the requirements of the Act and was not in the best interests of the employees. The court had to consider the provisions of the Fair Work Act and relevant case law to determine these issues.

The court considered the provisions of the Fair Work Act and found that the agreement was a genuine expression of the parties' intentions and had been fairly negotiated. The court found that the agreement contained provisions that were in the best interests of the employees, such as provisions relating to pay and conditions of employment. The court also found that the agreement did not contain any provisions that were contrary to public policy or that would have a detrimental effect on the employees. The court approved the agreement, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees.

The court ordered that the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017 be approved and registered by the Fair Work Commission. The agreement was to be in effect from 1 July 2015 until 30 June 2017, unless earlier terminated in accordance with the agreement or the Fair Work Act. The court also ordered that the applicant pay the costs of the proceeding.

Bathurst Private Hospital Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established