DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenelg Community Hospital Inc
(AG2017/6253)

GLENELG COMMUNITY HOSPITAL NURSING EMPLOYEES AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 MAY 2018

Application for approval of the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenelg Community Hospital Inc. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation (ANMF) 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.

[5] The Agreement was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Glenelg Community Hospital Inc. brought an application before the Fair Work Commission seeking approval of the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2017. The respondents to the application were the nursing employees of the hospital, represented by the Australian Nursing and Midwifery Federation. The primary issue before the commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a "better off overall" agreement.

The commission considered whether the agreement provided a "better off overall" test for the employees, which requires that the overall financial and non-financial benefits of the agreement must be more favourable than the applicable award or safety net award. The commission also examined whether the agreement contained all the mandated terms and whether it complied with the procedural fairness requirements. The commission found that the agreement met all the necessary criteria, including the "better off overall" test, and that it contained all the mandated terms. The commission also determined that the agreement had been negotiated in good faith and that the procedural fairness requirements had been met.

As a result, the commission approved the Glenelg Community Hospital Nursing Employees Australian Nursing and Midwifery Federation Enterprise Agreement 2017, effective from the date of the decision. The agreement provides for a range of terms and conditions for the nursing employees, including wages, leave entitlements, and other employment-related matters. The commission's decision was based on the evidence presented and the applicable legal framework.

Glenelg Community Hospital Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established