Heyfield Hospital Incorporated T/A Heyfield Hospital

[2024] FWCA 2510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heyfield Hospital Incorporated T/A Heyfield Hospital

(AG2024/2212)

HEYFIELD HOSPITAL INCORPORATED NURSES AND HEALTH AND ALLIED EMPLOYEES ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 5 JULY 2024

Application for approval of the Heyfield Hospital Incorporated Nurses and Health and Allied Employees Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Heyfield Hospital Incorporated Nurses and Health and Allied Employees Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heyfield Hospital Incorporated T/A Heyfield Hospital. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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.

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 Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The ANMF supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2024. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were the Heyfield Hospital Incorporated, trading as Heyfield Hospital, and the Australian Nursing and Midwifery Federation. The dispute arose over the approval of the Heyfield Hospital Incorporated Nurses and Health and Allied Employees Enterprise Agreement 2023. The case was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission centred on whether the enterprise agreement complied with the statutory requirements and whether it was fair and reasonable. Specifically, the Commission had to determine if the agreement adequately covered the terms and conditions of employment, provided for minimum entitlements, and was negotiated in good faith.

The Commission carefully examined the provisions of the agreement, considering the specific needs and circumstances of the employees and the hospital. The Heyfield Hospital argued that the agreement was fair and reasonable, reflecting the needs of both the employees and the hospital. The Australian Nursing and Midwifery Federation, on the other hand, raised concerns about certain terms and conditions, arguing that they did not meet the statutory requirements or were not fair and reasonable. The Commission considered the evidence presented by both parties, including the negotiation process and the impact of the agreement on the employees. Ultimately, the Commission found that the agreement was fair and reasonable and complied with the statutory requirements.

In its decision, the Commission highlighted that the agreement provided for minimum entitlements as required by the Fair Work Act and included provisions for fair and reasonable terms and conditions of employment. The Commission noted that the negotiation process was conducted in good faith, with both parties demonstrating a willingness to reach an agreement that was fair and reasonable. The Commission was satisfied that the agreement met the statutory requirements and was in the best interests of the employees and the hospital. Consequently, the Commission approved the Heyfield Hospital Incorporated Nurses and Health and Allied Employees Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established