DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bethesda Health Care T/A Bethesda Hospital Inc.
(AG2021/6609)

BETHESDA HEALTH CARE ENROLLED NURSES, HOSPITALITY AND MAINTENANCE EMPLOYEES' AGREEMENT 2021

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 26 AUGUST 2021

Application for approval of the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees' Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees' Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethesda Health Care T/A Bethesda Hospital Inc. (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The United Workers’ Union and the Australian Nursing and Midwifery Federation, 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2021. The nominal expiry date of the Agreement is 15 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bethesda Health Care Trading as Bethesda Hospital Incorporated, applied to the Fair Work Commission for the approval of the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees' Agreement 2021. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was made on the basis that the agreement had been negotiated in good faith, and the bargaining representatives had been appropriately appointed. The principal issue before the Commission was whether the agreement had been made in good faith and whether the bargaining representatives were appropriately appointed. The Commission found that the agreement had been negotiated in good faith and that the bargaining representatives had been appropriately appointed. The Commission held that the agreement contained provisions that were consistent with the objectives of the Act, and that the agreement would not have an adverse effect on the broader industrial relations system. The Commission also found that the agreement provided for a fair and reasonable outcome for the employees, and that it was in the best interests of the employees to approve the agreement. On the basis of these findings, the Commission approved the agreement, and it was registered under the Act. The applicant was granted the relief it sought, and the agreement was registered as a registered agreement under the Fair Work Act 2009.

Bethesda Health Care T/A Bethesda Hospital Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established