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

[2020] FWCA 5588

[2020] FWCA 5588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burnside War Memorial Hospital Inc. T/A Burnside War Memorial Hospital Inc.
(AG2020/2971)

BURNSIDE WAR MEMORIAL HOSPITAL INC NURSING AND MIDWIFERY EMPLOYEES ANMF ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 21 OCTOBER 2020

Application for approval of the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2019.

[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 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Burnside War Memorial Hospital Inc. T/A Burnside War Memorial Hospital Inc.(the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 October 2020.

[3] On 16 October 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 October 2020. The undertaking deals with the following topics:

•  Clause 5.2.1 (b)(i) (Calculation of Salaries) of the proposed Agreement sets out the salary progression for part time and casual employees only. It is the intention of the Applicant to apply the provisions contained in Clause 5.2.1 (b)(i) to full-time employees as has been the custom and practice of the Applicant.

•  The annual salary progression set out at Schedule 1 (Wage Rates) of the Agreement will apply to full-time employees that are not employed as Enrolled Nurses as has been the custom and practice of the Applicant.

•  The provisions contained in Clause 7.4.5(b) (Personal/carer's leave) will not be applied.

•  Clause 4.4.3 will operate as follows -

•  A casual employee will be paid shift allowances and weekend or public holiday penalties, calculated on the ordinary rate of pay excluding the casual loading with the casual loading component then added to the penalty rate of pay.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 3 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509293  PR723696>