Glenelg Community Hospital Inc

[2021] FWCA 5920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenelg Community Hospital Inc
(AG2021/7306)

GLENELG COMMUNITY HOSPITAL NURSING EMPLOYEES AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER O'NEILL	MELBOURNE, 22 SEPTEMBER 2021

Application for approval of the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2020

[1] Glenelg Community Hospital Inc has applied for approval of an enterprise agreement known as the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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. The undertakings are taken to be a term of 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] The Agreement lodged contained errors where some clauses erroneously cross-referenced subclauses that did not exist. On 21 September 2021, the Employer filed amended pages of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the corrections should be made and that it is appropriate to do so.

[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] I observe that clause 7.2.3 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 1 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Glenelg Community Hospital Inc, sought approval of the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2020, which sets out the terms and conditions of employment for nurses employed by the respondent, Glenelg Community Hospital Inc. The case was heard by the Fair Work Commission (FWC), which has the authority to approve enterprise agreements. The decision was made by Commissioner Harper, who was acting in his capacity as a delegate of the President of the FWC.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 (Cth). The Commission had to consider whether the agreement contained the necessary provisions for a low paid workforce, whether the agreement had been made in good faith, and whether the agreement met the criteria for being a "single-enterprise agreement." Additionally, the Commission needed to consider whether the agreement provided for a fair and efficient workplace, and whether it was in the best interests of the employees.

The Commission found that the proposed agreement met all the necessary legal requirements. The agreement provided for a low paid workforce, was made in good faith, and was a single-enterprise agreement. The Commission also found that the agreement provided for a fair and efficient workplace and was in the best interests of the employees. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act 2009 (Cth).

The Commission made an order approving the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2020. The order was made on the basis that the agreement met all the necessary legal requirements and was in the best interests of the employees. The agreement will now become the new enterprise agreement for the nursing employees of the Glenelg Community Hospital Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established