DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethesda Hospital Inc
(AG2015/966)

BETHESDA HOSPITAL INC. (HSU) ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 MAY 2015

Application for approval of the Bethesda Hospital Inc. (HSU) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bethesda Hospital Inc. (HSU) Enterprise Agreement 2015 (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] Subject to concerns 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 Bethesda Hospital Inc. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Health Services Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

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<Price code J AE413937 PR567399>
Annexure A

CaseChat Overview and Summary

Bethesda Hospital Inc, represented by the Hospital, applied for the approval of the Bethesda Hospital Inc. (HSU) Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centred on whether the proposed enterprise agreement met the criteria for registration as a lawful agreement under the Act.

The court had to determine whether the agreement was genuinely a bargain between the parties, if it contained the required terms, and if it complied with procedural requirements such as notice and opportunity to negotiate. The Hospital argued that the agreement was fair and reasonable, while the Health Services Union contended that certain terms were not genuinely negotiated or were unfair. The court examined the evidence presented regarding the negotiation process and the terms of the agreement.

The FWC found that the agreement was a genuine bargain and contained all the necessary prescribed terms. The court noted that there was evidence of a genuine attempt to negotiate and that the terms were not unreasonable. The court also determined that the procedural requirements were met, including the proper service of notice and opportunity for the union to negotiate. Consequently, the court approved the application, and the Bethesda Hospital Inc. (HSU) Enterprise Agreement 2015 was registered as a lawful agreement.

The FWC ordered that the Bethesda Hospital Inc. (HSU) Enterprise Agreement 2015 be registered and effective from the date of the decision. The agreement was to be treated as a registered agreement under the Fair Work Act 2009, and all parties were bound by its terms. The decision was made to ensure the agreement's terms would be enforceable and provide a stable framework for the employment relationship between the Hospital and the Health Services Union.

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