DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethesda Hospital Inc.
(AG2018/4911)

BETHESDA HEALTH CARE ENROLLED NURSES, HOSPITALITY AND MAINTENANCE EMPLOYEES’ AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2018.

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethesda Hospital Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The United Voice (UV) and Australian Nursing and Midwifery Federation (ANMF) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bethesda Hospital Inc. was the subject of an application for approval of the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2018. The application was brought before the Fair Work Commission, a federal workplace relations tribunal, by the hospital. The agreement was proposed to govern the terms and conditions of employment for enrolled nurses, hospitality, and maintenance staff at the hospital. The dispute centred around whether the terms of the proposed agreement complied with the Fair Work Act 2009 and if it was fair and reasonable for the employees it sought to cover.

The legal issues that the Commission was required to address included whether the agreement met the requirements of the Fair Work Act, specifically sections relating to the process for making an enterprise agreement and the content provisions that must be included. The Commission also needed to determine if the agreement was fair and reasonable, considering the nature of the employment, the bargaining positions of the parties, and the overall economic circumstances. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it contained appropriate dispute resolution mechanisms.

In delivering its decision, the Commission found that the proposed agreement met the statutory requirements set out in the Fair Work Act. It was concluded that the agreement was made in good faith and that it contained appropriate dispute resolution mechanisms. The Commission considered the economic circumstances, the nature of the employment, and the bargaining positions of the parties to determine that the agreement was fair and reasonable. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the covered employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2018. This decision allows the hospital and its employees to be governed by the terms and conditions specified in the agreement, which is now a legally binding enterprise agreement under the Fair Work Act.

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