Burnside War Memorial Hospital Inc

[2013] FWCA 10015

FAIR WORK COMMISSION

DECISION

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

Burnside War Memorial Hospital Inc
(AG2013/11907)

BURNSIDE WAR MEMORIAL HOSPITAL INC NURSING AND MIDWIFERY EMPLOYEES ANMF ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 19 DECEMBER 2013

Application for approval of the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Burnside War Memorial Hospital Inc. 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 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2013. The nominal expiry date of the Agreement is 3 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Burnside War Memorial Hospital Inc, sought approval for the Nursing and Midwifery Employees ANMF Enterprise Agreement 2013. The application was made to the Fair Work Commission, which was required to consider the application under the Fair Work Act 2009. The dispute centred around the fairness, effectiveness, and compliance of the agreement with the legislative framework.

The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it contained terms that were genuinely bargained for by the parties, and if it was fair and reasonable in all its terms. The Commission had to ensure that the agreement met the statutory requirements and did not contain any terms that were contrary to public policy.

In reaching its decision, the Fair Work Commission considered the evidence presented by both the applicant and the respondents, including the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was genuinely an enterprise agreement, having been negotiated between the applicant and the relevant union, and that it contained terms that were genuinely bargained for by the parties. The Commission also determined that the agreement was fair and reasonable in all its terms, taking into account the nature of the work performed by the employees and the broader economic context.

The Fair Work Commission approved the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2013, noting that it met all the statutory requirements and did not contain any terms that were contrary to public policy. The Commission's decision provides certainty to both the employer and the employees regarding the terms of their employment and the conditions under which they will work.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established