[2014] FWCA 9269

The attached document replaces the document previously issued with the above code on 18 December 2014 by adding “2014” to the Title of the Agreement.

FRIENDLY SOCIETY PRIVATE HOSPITAL CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2014

Jenny Hannay

Associate to Commissioner Simpson

Dated 19 December 2014

[2014] FWCA 9269

FAIR WORK COMMISSION

DECISION

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

Bundaberg Friendly Society Medical Institute Limited T/A Friendly Society Private Hospital
(AG2014/10301)

FRIENDLY SOCIETY PRIVATE HOSPITAL CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 18 DECEMBER 2014

Application for approval of the Friendly Society Private Hospital Clerical Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Friendly Society Private Hospital Clerical Employees Enterprise Agreement 2014. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Bundaberg Friendly Society Medical Institute Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bundaberg Friendly Society Medical Institute Limited, trading as Friendly Society Private Hospital, applied to the Fair Work Commission for the approval of the Friendly Society Private Hospital Clerical Employees Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The relevant union, the Health Services Union of Australia, did not object to the approval of the agreement, although it did raise concerns about certain provisions. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and if the provisions in question were fair and reasonable.

The Commission considered whether the agreement met the statutory criteria for approval, including whether it provided for a direct or indirect safety net of minimum wages and conditions, and if it contained any provisions that were contrary to public policy. The key issue was the assessment of certain clauses in the agreement, particularly those related to rostered days off and shift loadings. The Commission needed to determine if these provisions were reasonable in the circumstances and did not unfairly disadvantage the employees.

In its decision, the Fair Work Commission found that the agreement largely complied with the requirements of the Fair Work Act. The provisions regarding rostered days off and shift loadings were assessed in the context of the overall fairness of the agreement. The Commission determined that these provisions did not constitute an unfair detriment to the employees and were reasonable given the nature of the work and the employer's business needs. The application was thus approved, with the agreement coming into effect from the date of the decision.

The final orders included the approval of the Friendly Society Private Hospital Clerical Employees Enterprise Agreement 2014, subject to the conditions and provisions set out in the agreement. The agreement was to be registered by the Registrar of the Fair Work Commission and would apply to the relevant employees from the specified commencement date. The decision was made under the authority vested in the Commission by the Fair Work Act 2009.

Bundaberg Friendly Society Medical Institute Limited T/A Friendly Society 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