DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DHB Consulting Pty Ltd T/A DHB Consulting
(AG2016/1623)

EYE HOSPITAL NURSES ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2016

Application for approval of the Eye Hospital Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eye Hospital Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DHB Consulting Pty Ltd T/A DHB Consulting. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, DHB Consulting Pty Ltd, trading as DHB Consulting, brought an application to the Fair Work Commission to approve the Eye Hospital Nurses Enterprise Agreement 2016. The respondents, represented by the Australian Nursing and Midwifery Federation, contested the application on several grounds. The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for approval and whether it adequately protected the interests of the employees.

The legal issues that the commission had to address included whether the agreement was a genuine enterprise agreement, whether it contained all the necessary minimum terms and conditions, and whether it complied with procedural fairness requirements. Additionally, the commission examined whether the agreement provided fair and reasonable terms for the employees, particularly focusing on the provisions regarding pay rates, working conditions, and dispute resolution mechanisms.

The commission found that the agreement was genuinely negotiated and met the criteria for an enterprise agreement under the Fair Work Act. It confirmed that the agreement contained all the required minimum terms and conditions and was procedurally fair. The commission was satisfied that the agreement provided fair and reasonable terms for the employees, addressing their needs and interests appropriately. Consequently, the commission approved the Eye Hospital Nurses Enterprise Agreement 2016.

The final orders included the approval of the agreement, with specific conditions that the employer must comply with the terms of the agreement, and that any disputes arising from the agreement must be resolved in accordance with its provisions. The commission's decision was made in the interest of achieving a fair balance between the rights of the employer and the welfare of the employees.

DHB Consulting Pty Ltd T/A DHB Consulting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established