DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epworth Foundation T/A Epworth HealthCare
(AG2016/6199)

EPWORTH HEALTHCARE NURSES ENTERPRISE AGREEMENT 2016 - 2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Epworth HealthCare Nurses Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Epworth HealthCare Nurses Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epworth Foundation T/A Epworth HealthCare. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 22 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were the Epworth Foundation, trading as Epworth HealthCare, and the Health Services Union of Australia. The dispute was centred on the application for the approval of the Epworth HealthCare Nurses Enterprise Agreement 2016 - 2020. The case was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related matters in Australia.

The legal issues that the Commission needed to address involved the fairness and compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the criteria for approval as stipulated in the Act, including provisions on minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Health Services Union of Australia raised concerns about certain terms and conditions within the agreement, prompting the need for the Commission to thoroughly examine and determine the validity of these provisions.

In its decision, the Fair Work Commission meticulously reviewed the contents of the agreement and considered the arguments presented by both parties. The Commission found that the proposed agreement largely met the statutory requirements for approval, with some minor adjustments necessary to address the union's concerns. These adjustments were made to ensure compliance with the Act, particularly in relation to the terms affecting nurses' pay and conditions. The Commission concluded that, with these modifications, the agreement would serve the best interests of the employees and the employer while adhering to the legislative framework.

Consequently, the Fair Work Commission approved the Epworth HealthCare Nurses Enterprise Agreement 2016 - 2020, subject to the stipulated amendments. These changes were aimed at balancing the rights and obligations of both the union and the employer, ensuring a fair and reasonable agreement for all parties involved. The final orders included the specific modifications to the agreement as well as the date from which the approved agreement would take effect.

Epworth Foundation T/A Epworth HealthCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established