Burnside War Memorial Hospital Inc T/A Burnside War Memorial Hospital Inc

[2023] FWCA 2236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Burnside War Memorial Hospital Inc T/A Burnside War Memorial Hospital Inc

(AG2023/2303)

BURNSIDE WAR MEMORIAL HOSPITAL INC NURSING AND MIDWIFERY EMPLOYEES ANMF ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 19 JULY 2023

Application for approval of the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2023

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 2023 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 2.6 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Nursing and Midwifery Federation South Australian Branch (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 2 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Burnside War Memorial Hospital Inc, trading as Burnside War Memorial Hospital Inc, applied to the Fair Work Commission for the approval of the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2023. The primary issue before the Commission was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement complied with the provisions of the Act, including whether it satisfied the "better off overall test" and did not contain any prohibited content.

The Commission examined the proposed agreement to ensure it did not include terms that were less favourable to employees than the applicable minimum standards or their existing awards and agreements. The Commission also considered if the agreement provided for a proper balance of rights and obligations between the employer and the employees. The Commission held that the proposed agreement met all legal requirements, as it did not contain any prohibited content and provided for a fair and reasonable balance of rights and obligations between the parties. The agreement was approved as it provided for a better overall outcome for the nursing and midwifery employees.

The Commission approved the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2023, effective from 1 April 2023. The approval of the agreement ensures that the employees will have a fair and reasonable set of terms and conditions of employment that comply with the requirements of the Fair Work Act 2009. The approved agreement will now govern the employment relationship between the Burnside War Memorial Hospital Inc and the nursing and midwifery employees represented by the ANMF.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established