Hamley Bridge Memorial Hospital Inc Summary

[2016] FWCA 670
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Hamley Bridge Memorial Hospital Inc
(AG2015/7684)
HAMLEY BRIDGE MEMORIAL HOSPITAL NURSING STAFF AND
ANMF ENTERPRISE AGREEMENT 2015
Health and welfare services

COMMISSIONER JOHNS SYDNEY, 2 FEBRUARY 2016
Application for approval of the Hamley Bridge Memorial Hospital Nursing Staff and ANMF
Enterprise Agreement 2015.
[1] On 16 December 2015 Hamley Bridge Memorial Hospital Inc (Applicant) made an

application for approval of the Hamley Bridge Memorial Hospital Nursing Staff and ANMF
Enterprise Agreement 2015 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of

the Act, as are relevant to this application for approval, has been met.
[4] 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.
[2016] FWCA 670
[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 9 February 2016. The nominal expiry date of the Agreement is 9 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hamley Bridge Memorial Hospital Inc sought approval for the Hamley Bridge Memorial Hospital Nursing Staff and ANMF Enterprise Agreement 2015, which was lodged within the 14-day period prescribed by the Fair Work Act 2009. The application was made under section 185 of the Act and was heard by Commissioner Johns in Sydney on 2 February 2016. The Australian Nursing and Midwifery Federation, a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it.

The primary legal issue before the court was whether the Agreement met the requirements of sections 186, 187, and 188 of the Act, as they pertain to the application for approval. Additionally, the court had to determine whether the Agreement appropriately covered the Australian Nursing and Midwifery Federation as per section 201(2) of the Act. The Commissioner found that all relevant requirements were satisfied, and the Agreement was approved to operate from 9 February 2016, with a nominal expiry date of 9 February 2019.

In reaching its decision, the court examined the provisions of the Agreement and the statutory requirements for approval. The Commissioner noted that the Agreement was lodged within the stipulated timeframe and that the Australian Nursing and Midwifery Federation had given the necessary notice under section 183 of the Act. The Commissioner concluded that the Agreement met all necessary conditions and was therefore approved. This decision ensures that the terms and conditions outlined in the Agreement will be legally binding and enforceable from the specified start date.

Hamley Bridge Memorial Hospital Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established