DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd
(AG2020/4214)

MOUNT HOSPITAL - REGISTERED NURSES - ENTERPRISE AGREEMENT 2020 - 2022

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MARCH 2021

Application for approval of the Mount Hospital - Registered Nurses - Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Mount Hospital - Registered Nurses - Enterprise Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthscope Operations Pty Ltd. The Agreement 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] I note that Clauses 26.3(a), 26.4(d), 7.1(b) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, the operator of Mount Hospital, applied to the Fair Work Commission for approval of the Registered Nurses Enterprise Agreement 2020-2022. The applicant argued that the proposed agreement would meet the requirements of the Fair Work Act 2009, including the process of ensuring that the agreement was made in good faith and involved genuine bargaining. The respondent, the Australian Nursing and Midwifery Federation, contended that the agreement did not meet the good faith and genuine bargaining requirements, and also raised concerns about the fairness and reasonableness of certain provisions within the proposed agreement.

The Commission considered whether the application met the statutory requirements for an enterprise agreement, particularly focusing on the good faith and genuine bargaining process and the fairness and reasonableness of the terms. The Commission examined the process by which the agreement was negotiated and whether the parties had genuinely attempted to reach an agreement. Additionally, the Commission assessed the terms of the agreement to determine if they were fair and reasonable, taking into account the principles of the Act.

In its decision, the Commission found that the application for approval was made in good faith and that the process of genuine bargaining had been followed. The Commission acknowledged that there were some procedural issues in the negotiation process but concluded that these did not undermine the overall fairness of the agreement. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the parties and the healthcare industry. The application for approval of the Registered Nurses Enterprise Agreement 2020-2022 was thus approved by the Commission.

The Fair Work Commission approved the Registered Nurses Enterprise Agreement 2020-2022, finding that the process of negotiation was conducted in good faith and that the agreement's terms were fair and reasonable. This decision ensures that the agreement will be binding on the parties and provides a framework for the terms and conditions of employment for registered nurses at Mount Hospital during the specified period.

Healthscope Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established