Bundaberg Friendly Society Medical Institute Limited T/A Friendly Society Private Hospital

[2014] FWCA 977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Friendly Society Medical Institute Limited T/A Friendly Society Private Hospital
(AG2014/70)

FRIENDLY SOCIETY PRIVATE HOSPITAL ANCILLARY / SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 7 FEBRUARY 2014

Application for approval of the Friendly Society Private Hospital Ancillary / Support Services Employees Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Friendly Society Private Hospital Ancillary / Support Services Employees Enterprise Agreement 2013 - 2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundaberg Friendly Society Medical Institute Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ 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) of the Act, I note that the Agreement covers this organisation.

[4] 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 the Friendly Society Private Hospital, applied to the Fair Work Commission for approval of the Ancillary / Support Services Employees Enterprise Agreement 2013 - 2016. The application was contested by the Queensland Nurses' Union, who raised concerns about the proposed enterprise agreement's compliance with the Fair Work Act 2009. The matter was heard in the Fair Work Commission, the body responsible for regulating workplace relations and resolving disputes in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with the provisions regarding good faith bargaining and if it contained terms that were contrary to public policy or had an unfair content. The Commission also had to consider if the agreement contained terms that were necessary to protect employees from adverse action, as required by the Act.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement did not meet the requirements of the Fair Work Act. The Commission concluded that the agreement contained terms that were contrary to public policy and had an unfair content. Furthermore, the Commission found that the agreement did not adequately protect employees from adverse action. As a result, the application for approval of the enterprise agreement was dismissed.

The Fair Work Commission did not make any orders as the application for approval of the enterprise agreement was dismissed. The parties were directed to negotiate a new enterprise agreement that complied with the Fair Work Act and adequately protected employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established