City East Specialist Day Hospital

[2013] FWCA 8143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City East Specialist Day Hospital
(AG2013/2724)

CITY EAST SPECIALIST DAY HOSPITAL NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 OCTOBER 2013

Application for approval of the City East Specialist Day Hospital Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City East Specialist Day Hospital Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City East Specialist Day Hospital. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Fionnuala Staples, Director of Business and Nursing Services - Day Hospitals, City East Specialist Day Hospital, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clause 13(ii)(f) will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[3] The New South Wales Nurses’ and Midwives’ Association and the Australian Nursing and Midwifery Federation, NSW Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2013. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City East Specialist Day Hospital, represented by their employer, sought approval for the City East Specialist Day Hospital Nurses Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately protected the interests of the nurses and complied with the legislative requirements for enterprise agreements.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) agreement. This meant the Commission had to assess whether the agreement provided the nurses with a total package of benefits that were at least as good as the applicable award or safety net. The Commission also had to consider whether the agreement contained all the mandatory terms required by the Act and whether it had been fairly and genuinely negotiated.

The Commission found that the agreement met the BOOT criteria and contained all the mandatory terms required by the Fair Work Act. The agreement provided the nurses with a total package of benefits that were at least as good as the applicable award or safety net. The Commission also determined that the agreement had been fairly and genuinely negotiated, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the City East Specialist Day Hospital Nurses Enterprise Agreement 2013.

The Fair Work Commission approved the City East Specialist Day Hospital Nurses Enterprise Agreement 2013. The agreement was deemed to meet the statutory requirements and was accepted as a valid and enforceable enterprise agreement under the Fair Work Act 2009. The Commission's decision ensured that the nurses at the City East Specialist Day Hospital were provided with a fair and comprehensive enterprise agreement that protected their rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established