Gastro West Pty Ltd

[2013] FWCA 4177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gastro West Pty Ltd
(AG2013/6975)

GASTRO WEST PTY LTD NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 26 JUNE 2013

Application for approval of the Gastro West Pty Ltd Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gastro West Pty Ltd 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 Gastro West Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date of the Agreement is 31 December 2016.

[4] The Australian Nursing 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.

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 Gastro West Pty Ltd to approve the Gastro West Pty Ltd Nurses Enterprise Agreement 2013. This agreement sought to govern the employment conditions for nurses employed by the company. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009, specifically whether it contained the necessary minimum terms and conditions and was free from prohibited content.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act 2009, which mandates that enterprise agreements must include certain minimum terms and conditions, and must not include prohibited content. The Fair Work Commission needed to determine if the agreement was valid, whether it adhered to the statutory minimum standards, and if it contained any impermissible provisions that would render it non-compliant.

In examining the agreement, the Fair Work Commission found that the agreement included all the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The commission also confirmed that the agreement did not contain any prohibited content. Consequently, the commission approved the agreement, determining that it met all the legal requirements for endorsement. The decision was based on the comprehensive review of the agreement's provisions, ensuring that it aligned with the statutory framework governing enterprise agreements.

The Fair Work Commission approved the Gastro West Pty Ltd Nurses Enterprise Agreement 2013, affirming its compliance with the Fair Work Act 2009. This decision allows the agreement to take effect, providing a binding framework for the employment conditions of nurses employed by Gastro West Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established