DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burnside War Memorial Hospital Inc
(AG2017/5479)

BURNSIDE WAR MEMORIAL HOSPITAL HEALTH PROFESSIONALS AND SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2018

Application for approval of the Burnside War Memorial Hospital Health Professionals and Support Services Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Burnside War Memorial Hospital Health Professionals and Support Services Employees Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 9 May 2018. The nominal expiry date of the Agreement is 11 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Burnside War Memorial Hospital Inc, the applicant sought approval for the Burnside War Memorial Hospital Health Professionals and Support Services Employees Enterprise Agreement 2017. The application was brought before the Fair Work Commission to determine whether the agreement should be approved and registered as a single-enterprise agreement. The hospital, represented by its board of directors, was the applicant, while the respondent was the Fair Work Commission. The nature of the dispute centred on the provisions of the proposed agreement, including wage rates, working conditions, and other employment terms for health professionals and support services employees at the hospital.

The central legal issues that the court had to address involved assessing whether the agreement met the requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was negotiated in good faith. The court also had to consider whether the agreement complied with the criteria for a single-enterprise agreement, such as the necessity to cover a distinct group of employees within a single enterprise. Furthermore, the court had to examine if the agreement included essential terms and conditions and whether it adequately addressed the needs of both the employees and the employer.

In delivering its decision, the Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements. The commission concluded that the agreement provided for fair and reasonable terms and conditions and was negotiated in good faith. The agreement was deemed to comply with the criteria for a single-enterprise agreement and included essential terms and conditions. The commission also found that the agreement appropriately balanced the needs of both the employees and the employer. Consequently, the court approved the agreement and ordered its registration as a single-enterprise agreement.

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