Bethesda Hospital Incorporated

[2016] FWCA 544
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Bethesda Hospital Incorporated T/A Bethesda Hospital
(AG2015/7669)
BETHESDA HOSPITAL ENROLLED NURSES, HOSPITALITY AND
MAINTENANCE EMPLOYEES’ AGREEMENT 2015
Health and welfare services

COMMISSIONER JOHNS SYDNEY, 28 JANUARY 2016
Application for approval of the Bethesda Hospital Enrolled Nurses, Hospitality and
Maintenance Employees’ Agreement 2015.
[1] On 15 December 2015 Bethesda Hospital Incorporated T/A Bethesda Hospital

(Applicant) made an application for approval of the Bethesda Hospital Enrolled Nurses,
Hospitality and Maintenance Employees’ Agreement 2015 (Agreement). The application was
made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -
enterprise agreement.
[2] The Agreement was lodged within 14 days after it was made.
[3] The Australian Nursing and Midwifery Federation and United Voice, 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), the Commission notes that the
Agreement covers these organisations.
[2016] FWCA 544
[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 4 February 2016. The nominal expiry date of the Agreement is 15 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Bethesda Hospital Incorporated applied to the Fair Work Commission for approval of an enterprise agreement covering enrolled nurses, hospitality and maintenance employees. The application was made under section 185 of the Fair Work Act 2009. The applicant sought to have the Bethesda Hospital Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2015 (Agreement) approved. The Agreement was lodged within the required 14 days after it was made.

The legal issues for the court to determine were whether the Agreement complied with the Fair Work Act 2009, and if it was appropriate for the Agreement to cover the Australian Nursing and Midwifery Federation and United Voice, who were the bargaining representatives. The court had to assess if the Agreement met the requirements for approval under section 185 of the Act and if it was suitable for the bargaining representatives to be covered by the Agreement as per section 201(2) of the Act.

The court found that the Agreement complied with the Fair Work Act 2009 and that it was appropriate for the bargaining representatives to be covered. The Agreement was approved and will operate from 4 February 2016, with a nominal expiry date of 15 March 2018. The court was satisfied that the Agreement was made in good faith and met the necessary criteria for approval. The Agreement will now govern the employment conditions of the enrolled nurses, hospitality and maintenance employees at Bethesda Hospital.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established