Bundaberg Friendly Society Medical Institute Limited t/as Friendly Society Private Hospital

[2024] FWCA 1140

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/as Friendly Society Private Hospital

(AG2024/660)

FRIENDLY SOCIETY PRIVATE HOSPITAL AND QNMU – NURSES ENTERPRISE AGREEMENT 2023-2026

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 2 APRIL 2024

Application for approval of the Friendly Society Private Hospital and QNMU – Nurses Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Friendly Society Private Hospital and QNMU – Nurses Enterprise Agreement 2023-2026 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 4.2 of the Agreement provides that the parties acknowledge that the National Employment Standards (NES) applies to this Agreement, and that the NES shall prevail over any clauses in this Agreement that are inconsistent with the minimum standards of the NES but only to the extent of such inconsistency.

The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Bundaberg Friendly Society Medical Institute Limited, trading as Friendly Society Private Hospital, for approval of the QNMU – Nurses Enterprise Agreement 2023-2026. The application was brought under the Industrial Relations Act 2016 (Qld), specifically section 234, which allows for the approval of certain enterprise agreements by the Fair Work Commission. The Queensland Nurses and Midwives Union (QNMU) was also a party to the proceedings.

The primary legal issue the court had to determine was whether the proposed enterprise agreement met the criteria for approval under the Act. This involved examining the agreement to ensure it was a bona fide enterprise agreement, that it complied with the procedural requirements, and that it contained the necessary minimum terms and conditions as specified by the Act. The court also had to consider whether the agreement was in the best interests of the employees covered by it.

In delivering the decision, the court examined the terms of the proposed agreement in detail, considering its compliance with the Act and the procedural fairness of the bargaining process. The court found that the agreement met all the necessary criteria for approval. It was determined to be a bona fide enterprise agreement, having been made through a process of good faith bargaining between the employer and the union. The agreement was also found to contain the required minimum terms and conditions and was deemed to be in the best interests of the employees. Given these findings, the court approved the enterprise agreement as sought by the applicant.

The final orders of the court were that the QNMU – Nurses Enterprise Agreement 2023-2026 be approved under section 234 of the Industrial Relations Act 2016 (Qld). This approval allows the agreement to be registered with the Fair Work Commission, making it a legally binding contract between the hospital and the union, and enforceable against both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established