DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haymarket Foundation Ltd T/A Haymarket Foundation Ltd
(AG2015/2821)

THE HAYMARKET FOUNDATION ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 JUNE 2015

Application for approval of the Haymarket Foundation Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Haymarket Foundation Nurses Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Haymarket Foundation Ltd. The Agreement is a single-enterprise agreement.

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

[3] The New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation New South Wales Branch, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Haymarket Foundation Ltd, trading as Haymarket Foundation Ltd, filed an application for the approval of the Haymarket Foundation Nurses Enterprise Agreement 2015 with the Fair Work Commission. The application centred on the proposed agreement's terms and conditions for nurses employed by the foundation, and it was argued that these terms were fair and reasonable for the parties involved. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, specifically concerning the fairness and reasonableness of its provisions. The Commission also had to consider whether the agreement adhered to the requirements set out in the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2012. Additionally, the Commission needed to assess whether the agreement was consistent with the general principles of Australian labour law, including the balance of rights and obligations between employers and employees.

In making its decision, the Commission examined the agreement's provisions and found that it was fair and reasonable for the employees and the employer. The Commission noted that the agreement contained provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that were in line with industry standards. The Commission was also satisfied that the agreement did not contravene any relevant legislation and was consistent with the principles of Australian labour law. As such, the Commission approved the Haymarket Foundation Nurses Enterprise Agreement 2015.

Haymarket Foundation Ltd T/A Haymarket Foundation Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established