DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyfield Hospital Incorporated T/A Heyfield Hospital
(AG2021/6502)

HEYFIELD HOSPITAL INCORPORATED NURSES AND HEALTH AND ALLIED EMPLOYEES ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2021

Application for approval of the Heyfield Hospital Incorporated Nurses and Health and Allied Employees Enterprise Agreement 2019.

[1] 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 2019 (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.

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

[3] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union being 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Heyfield Hospital Incorporated, trading as Heyfield Hospital, which applied to the Fair Work Commission for approval of their Enterprise Agreement for Nurses and Health and Allied Employees 2019. The application came before the Commission in Melbourne, presided over by Deputy President W J Harbison. The application centred on whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fairly negotiated, contained necessary minimum terms and conditions, and complied with the statutory obligations regarding the resolution of disputes.

The legal issues included whether the agreement was genuinely negotiated and contained the minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission had to consider if the agreement provided for the resolution of disputes between the parties, ensuring it was in line with the statutory framework. The hospital argued that the agreement was fairly negotiated and included all necessary terms, while any concerns raised by the employees' representatives were adequately addressed.

Deputy President Harbison concluded that the agreement was genuinely negotiated and contained all required minimum terms. The Commission was satisfied that the agreement provided for the resolution of disputes, and thus met all statutory requirements. Consequently, the application for approval was granted, and the Enterprise Agreement was registered. The decision was made on the basis that the agreement was comprehensive and fairly represented the interests of both the hospital and its employees, adhering to all legislative requirements.

Heyfield Hospital Incorporated T/A Heyfield Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established