East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital Summary

[2014] FWCA 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital
(AG2014/3841)

EAST SYDNEY PRIVATE HOSPITAL NURSES’ NSWNMA/ANF ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 MARCH 2014

Application for approval of the East Sydney Private Hospital Nurses’ NSWNMA/ANF Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the East Sydney Private Hospital Nurses’ NSWNMA/ANF Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital. The agreement is a single-enterprise agreement.

[2] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation - New South Wales 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 the organisations.

[3] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[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 17 March 2014. The nominal expiry date of the Agreement is 30 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by East Sydney Day Hospital Pty Ltd, trading as East Sydney Private Hospital, for approval of the East Sydney Private Hospital Nurses’ NSWNMA/ANF Enterprise Agreement 2013-2016. The applicant sought to have the agreement registered under the Fair Work Act 2009, which would confer upon it the status of a registered agreement. The application was contested by the Registered Organisation, Health Services Union NSW Branch.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This included whether the agreement contained the minimum terms and conditions as stipulated by the Act, whether the agreement was made in good faith and whether the necessary procedural requirements were met, including the provision of a copy of the agreement to employees and the holding of a meeting to discuss the agreement. The Commission also needed to determine whether the agreement met the threshold for being classified as a single interest employer agreement, which would require approval from a majority of employees.

The Commission found that the agreement did indeed comply with the requirements of the Fair Work Act. It contained the minimum terms and conditions required by the Act and was made in good faith. The necessary procedural requirements had been met, including the provision of a copy of the agreement to employees and the holding of a meeting to discuss the agreement. The Commission also determined that the agreement met the threshold for being classified as a single interest employer agreement, which required approval from a majority of employees. The Commission approved the agreement and it was registered under the Act.

East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established