DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Valley Private Hospital Pty Ltd T/A Bega Valley Private Hospital
(AG2016/7275)

BEGA VALLEY PRIVATE HOSPITAL - NSWNMA & HSU NSW ENTERPRISE AGREEMENT 2016-2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Bega Valley Private Hospital - NSWNMA & HSU NSW Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bega Valley Private Hospital - NSWNMA & HSU NSW Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bega Valley Private Hospital Pty Ltd T/A Bega Valley Private Hospital. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] 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.

[4] The Health Services Union of Australia, Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 31 July 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bega Valley Private Hospital Pty Ltd, trading as Bega Valley Private Hospital, and the New South Wales Nurses and Midwives' Association (NSWNMA) and Health Services Union NSW (HSU NSW), concerning an application for the approval of their enterprise agreement for the years 2016 to 2018. The dispute was heard by the Federal Circuit Court of Australia. The primary issue before the court was whether the terms of the enterprise agreement, as proposed by the NSWNMA and HSU NSW, were fair and reasonable under the Fair Work Act 2009. The hospital contested the application, raising concerns about the impact of the agreement on its operational capacity and financial stability. The union argued that the agreement was necessary to ensure fair and equitable treatment of its members.

The court considered several factors in making its decision. It examined whether the agreement provided for terms and conditions that were no less favourable than those under the relevant awards or safety nets. The court also assessed whether the agreement was consistent with the principles of enterprise bargaining and whether it promoted productivity, sustainability, and efficiency in the workplace. The hospital's arguments regarding financial implications were weighed against the union's assertion that the agreement was necessary to protect the rights and working conditions of nurses and midwives. Ultimately, the court determined that the agreement's terms were fair and reasonable, taking into account the broader context of the industry and the need for fair and equitable treatment of employees.

The court approved the application for the enterprise agreement, finding that it met the statutory requirements for fairness and reasonableness. The terms of the agreement were considered to adequately protect the rights and working conditions of the employees, while also allowing the hospital to operate within its financial constraints. The court's decision was based on a comprehensive analysis of the agreement's provisions and their impact on both the employees and the hospital. The final orders included the approval of the Bega Valley Private Hospital - NSWNMA & HSU NSW Enterprise Agreement 2016-2018, subject to the terms and conditions set out in the agreement.

Bega Valley Private Hospital Pty Ltd T/A Bega Valley Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established