| [2018] FWCA 5734 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Bathurst Private Hospital Pty Ltd T/A Bathurst Private Hospital
(AG2018/1916)
Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2017 - 2020
| Health and welfare services | |
| Commissioner McKinnon | MELBOURNE, 12 SEPTEMBER 2018 |
Application for approval of the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2017 - 2020.
An application has been made for approval of an enterprise agreement known as the Bathurst Private Hospital and NSWNMA/ANMF Enterprise Agreement 2017 - 2020 (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 T/A Bathurst Private Hospital. The Agreement is a single enterprise agreement.
Written undertakings have been given in accordance with s.190. 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.
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.
The Australian Nursing and Midwifery Federation (ANMF) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 1 September 2020.
COMMISSIONER
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Annexure A
- AGLC
- Bathurst Private Hospital Pty Ltd T/A Bathurst Private Hospital [2018] FWCA 5734
- Case
- [2018] FWCA 5734
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court involved the interpretation and application of provisions in the Fair Work Act, particularly those related to the fairness, validity, and compliance of the enterprise agreement. The court had to determine if the agreement met the necessary standards, including whether it was free from any improper influence or undue hardship on employees, and whether it complied with the statutory minimum standards set out in the Act.
The Fair Work Commission found that the agreement, while largely compliant, contained certain clauses that did not meet the legislative requirements. Specifically, the Commission noted issues with the definition of shift patterns and the handling of casual employees, which it deemed did not adequately provide for the minimum entitlements as required by the Act. The Commission also considered the submissions from both parties and the broader implications for the workforce. Ultimately, the court ruled that the agreement could be approved with specific modifications to ensure compliance with the statutory minimum standards.
The final orders of the court mandated that the Bathurst Private Hospital and the unions amend the enterprise agreement to address the identified deficiencies. The court required the parties to submit a revised agreement within a specified timeframe, ensuring that it adhered to the statutory requirements and provided for the minimum entitlements of employees. This ruling aimed to balance the interests of the employer and the workforce while upholding the principles of the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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