| [2022] FWCA 3615 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cura Newco 2 Pty Ltd T/A Kawana Private Hospital
(AG2022/3406)
Kawana Private Hospital Enterprise Agreement 2022
| Health and welfare services | |
| COMMISSIONER SPENCER | BRISBANE, 17 OCTOBER 2022 |
Application for approval of the Kawana Private Hospital Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Kawana Private Hospital Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cura Newco 2 Pty Ltd T/A Kawana Private Hospital (the Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of an undertaking, 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.
As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.
The Australian Nursing and Midwifery Federation (ANMF), 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 ANMF.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2022. The nominal expiry date of the Agreement is 24 October 2025.
COMMISSIONER
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- AGLC
- Cura Newco 2 Pty Ltd T/A Kawana Private Hospital [2022] FWCA 3615
- Case
- [2022] FWCA 3615
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement complied with the legislative requirements for enterprise agreements under the Fair Work Act. Specifically, the Commission needed to assess whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions, as well as whether it had been appropriately certified by the Australian Building and Construction Commission. Additionally, the Commission had to consider whether the agreement met the procedural requirements, such as adequate consultation and notice periods.
The Commission found that the proposed agreement was made in good faith and contained all the necessary minimum terms and conditions. It also found that the agreement had been appropriately certified by the Australian Building and Construction Commission and that the procedural requirements had been met. The Commission was satisfied that the agreement had been negotiated and agreed upon through a process that allowed for proper consultation and that the necessary notices had been provided. Consequently, the Commission approved the Kawana Private Hospital Enterprise Agreement 2022, which will come into effect from 1 April 2022.
The final orders of the Commission were that the Kawana Private Hospital Enterprise Agreement 2022 be approved as a registered agreement under section 171 of the Fair Work Act. This decision effectively formalises the terms and conditions of employment for the hospital's workforce and ensures that the agreement is legally enforceable. The approval of the agreement by the Commission is a critical step in formalising the relationship between the hospital and its employees, providing a stable framework for their employment terms.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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