Bundaberg Friendly Society Medical Institute Limited Summary

[2013] FWCA 718

FAIR WORK COMMISSION

DECISION

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

Bundaberg Friendly Society Medical Institute Limited
(AG2012/14293)

FRIENDLY SOCIETY PRIVATE HOSPITAL NURSING COLLECTIVE AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 31 JANUARY 2013

Application for approval of the Friendly Society Private Hospital Nursing Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Friendly Society Private Hospital Nursing Collective Agreement 2012 (“the Agreement”). The application has been made by Bundaberg Friendly Society Medical Institute Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Queensland Nurses’ Union of Employees (“QNU”) and the Australian Nursing Federation (“ANF”) concur with the content of the undertakings. Although their views were sought, none of the employee bargaining representatives expressed any views concerning the undertakings. The QNU and ANF have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bundaberg Friendly Society Medical Institute Limited, sought approval of the Friendly Society Private Hospital Nursing Collective Agreement 2012. The respondents were the Queensland Nurses’ Union, Queensland Nurses’ and Midwives’ Union, and the Australian Nursing Federation. The dispute arose from disagreements over the terms of the agreement which was proposed to govern the employment conditions of nurses in private hospitals affiliated with the applicant. The case was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and if it was free from any contraventions of the Act. The applicant argued that the agreement was fair and reasonable, while the respondents contended that it did not adequately protect the rights and conditions of the nurses.

The Commission found that while the agreement was generally fair and reasonable, it contained provisions that contravened the Act. These provisions included the manner in which the agreement could be varied and the process for resolving disputes. Despite these issues, the Commission approved the agreement, subject to modifications to address the contraventions. The Commission concluded that the public interest, including the need for efficient and effective healthcare services, outweighed the concerns raised by the respondents.

The final orders of the Commission included the approval of the Friendly Society Private Hospital Nursing Collective Agreement 2012, with specific amendments to correct the contraventions. The agreement was to be certified as meeting the requirements of the Act upon the modifications being implemented.

Bundaberg Friendly Society Medical Institute Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established