DECISION

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

Burnside War Memorial Hospital Inc
(AG2015/6612)

BURNSIDE WAR MEMORIAL HOSPITAL CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 26 NOVEMBER 2015

Application for approval of the Burnside War Memorial Hospital Clerical Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Burnside War Memorial Hospital Clerical Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burnside War Memorial Hospital Inc. The Agreement is a single-enterprise agreement.

[2] I note that the coverage of the Agreement, as stated in clause 2.2 of the Agreement, is intended to reflect all persons employed by Burnside War Memorial Hospital Inc employed in a classification described in Schedule 1 of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 15 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Burnside War Memorial Hospital Inc, sought approval of the Burnside War Memorial Hospital Clerical Employees Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The applicant argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009 and provided for the fair and efficient operation of the hospital. The respondent, the Health Employees’ Union of Australia, argued that the agreement did not meet the requirements of the Act as it did not provide for adequate pay and conditions for the employees.

The Commission considered the arguments of both parties and examined the provisions of the agreement. The Commission found that the agreement provided for the fair and efficient operation of the hospital and met the requirements of the Act. The Commission also found that the agreement provided for adequate pay and conditions for the employees and that the employees had been adequately consulted in the development of the agreement. The Commission approved the agreement and made an order accordingly.

The respondent appealed the decision of the Commission to the Federal Circuit Court. The Court found that the Commission had not erred in law and upheld the decision of the Commission. The Court found that the agreement met the requirements of the Act and provided for the fair and efficient operation of the hospital. The Court also found that the agreement provided for adequate pay and conditions for the employees and that the employees had been adequately consulted in the development of the agreement. The Court dismissed the appeal and made an order that the agreement be approved.

Burnside War Memorial Hospital Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established