DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited T/A Cabrini Health
(AG2016/2199)

CABRINI ACUTE CARE NURSES AND MIDWIVES AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Cabrini Acute Care Nurses and Midwives Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cabrini Acute Care Nurses and Midwives 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 Cabrini Health Limited T/A Cabrini Health. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cabrini Health Limited, trading as Cabrini Health, for the approval of the Cabrini Acute Care Nurses and Midwives Agreement 2015. The application was made under the Fair Work Act 2009, seeking the agreement to be registered as a certified agreement. The dispute arose from negotiations between Cabrini Health and the Health Services Union of Australia, which represents the nurses and midwives. The primary concern was whether the agreement met the legislative requirements for registration as a certified agreement.

The central legal issues the court had to address were whether the agreement contained the necessary elements as stipulated by the Fair Work Act and whether it adhered to the procedural fairness required for its approval. Specifically, the court needed to determine if the agreement included all the mandated terms and conditions, and if the process leading to its creation was fair and transparent. Additionally, the court examined whether the agreement provided adequate protection for the rights and interests of the employees, particularly in relation to pay and conditions.

In its decision, the Fair Work Commission considered the provisions of the Fair Work Act and relevant precedents. The court found that the agreement substantially complied with the statutory requirements, including the incorporation by reference of relevant award provisions and the inclusion of mandated terms. The commission also noted that the negotiation process was fair and that the agreement was not detrimental to the employees. Consequently, the court approved the agreement for registration, recognising it as a certified agreement under the Fair Work Act.

The final orders of the commission were that the Cabrini Acute Care Nurses and Midwives Agreement 2015 be registered as a certified agreement, effective from the date of the decision. This registration would provide the necessary legal framework for the terms and conditions of employment for the nurses and midwives at Cabrini Health.

Cabrini Health Limited T/A Cabrini Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established