Bathurst Private Hospital Pty Ltd Summary

[2013] FWCA 8930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bathurst Private Hospital Pty Ltd
(AG2013/11164)

BATHURST PRIVATE HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2013-2015

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 NOVEMBER 2013

Application for approval of the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bathurst Private Hospital Pty Ltd. The agreement is a single-enterprise agreement.

[2] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Bathurst Private Hospital for approval of the New South Wales Nurses and Midwives' Association/Australian Nursing and Midwifery Federation Enterprise Agreement 2013-2015. The Fair Work Commission (FWC) was the court in this instance, with the hearing presided over by Commissioner J.A. Edwards. The applicant sought the Commission's approval of the agreement to ensure compliance with the Fair Work Act 2009, particularly in relation to the Fair Work (Registered Organisations) Act 2009. The dispute centred on whether the agreement met the statutory criteria for approval, specifically whether it contained the necessary minimum terms and conditions of employment.

The legal issues before the Commission were whether the agreement provided adequate terms and conditions of employment, and if it complied with the requirements of the Fair Work Act. The applicant argued that the agreement was comprehensive and met all the necessary statutory criteria, while the respondents contended that the agreement did not sufficiently address certain aspects of employment conditions. The Commission needed to determine whether the agreement was fair and balanced and provided for minimum wages and conditions as required by law.

Commissioner Edwards found that the agreement did not meet the statutory requirements in certain areas. Specifically, the agreement failed to adequately address certain aspects of shift loadings, overtime, and penalty rates. The Commissioner held that these deficiencies rendered the agreement non-compliant with the Fair Work Act. Consequently, the application for approval was dismissed. The Commissioner directed the parties to return to the negotiating table to address the issues identified and to reach a new agreement that met the statutory criteria for approval.

In light of the decision, the Fair Work Commission did not grant approval of the agreement. Instead, the Commission instructed the parties to recommence negotiations to ensure that a compliant enterprise agreement was reached. The Commissioner's decision highlighted the importance of ensuring that enterprise agreements meet the statutory requirements set out in the Fair Work Act. This case underscores the need for careful negotiation and drafting of enterprise agreements to avoid potential disputes and ensure compliance with the law.

Bathurst Private Hospital Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established