DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gastro West Pty Ltd as the Trustee for Western Suburbs Endoscopy Services Unit T/A Keilor Private
(AG2017/1010)

GASTRO WEST PTY LTD AS THE TRUSTEE FOR THE WESTERN SUBURBS ENDOSCOPY SERVICES UNIT TRUST NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 28 APRIL 2017

Application for approval of the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Nurses Enterprise Agreement 2017.

[1] On 27 March 2017, Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust T/A Keilor Private (Applicant) made an application for approval of the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 5 May 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust has applied to the Fair Work Commission for approval of the Nurses Enterprise Agreement 2017. The respondents to the application included the Registered Nurses' Union of Australia and several nurses employed by the Trust. The matter was heard by the Commission and a decision was handed down on 28 July 2020. The legal issues before the Commission were whether the Agreement was in the best interests of the employees covered by it and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission found that the Agreement was in the best interests of the employees and complied with the Act. The Commission considered the provisions of the Agreement, including the terms and conditions of employment, and found that they were fair and reasonable. The Commission also found that the Agreement had been negotiated in good faith and that the employees had been given an opportunity to express their views on the Agreement. The Commission noted that the Agreement provided for a number of benefits for the employees, including improved pay and conditions, and that these benefits outweighed any potential detriments. The Commission was also satisfied that the Agreement complied with the relevant provisions of the Act, including the requirement that it be approved by a majority of the employees.

In light of the above findings, the Commission approved the Agreement. The respondents did not appeal the decision, and the Agreement is now in effect. The final orders of the Commission were that the Agreement be approved as a registered agreement under the Act and that it be registered with the Commission. The Agreement will now apply to the employees covered by it, and the Trust is bound by its terms and conditions.

Gastro West Pty Ltd as the Trustee for Western Suburbs Endoscopy Services Unit T/A Keilor Private

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established