DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keith and District Hospital Inc
(AG2019/2311)

KEITH AND DISTRICT HOSPITAL INC NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 5 AUGUST 2019

Application for approval of the Keith and District Hospital Inc Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Keith and District Hospital Inc Nurses Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Keith and District Hospital Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 July 2019.

[3] On 30 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 31 July 2019. The undertaking deals with the following topics:

• Providing a minimum 2 hour engagement for casual employees.

• Providing amended rates of loading for casual and permanent staff for afternoon shifts.

• Providing amended rates of loading for casual and permanent staff for public holidays.

• Providing amended rates of loading for casual and permanent staff for Christmas Day and Good Friday.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, ANMF, 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.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Keith and District Hospital Inc for the approval of the Nurses Enterprise Agreement 2018. The application was heard by the Fair Work Commission, with the decision rendered by Commissioner J.G. Holmes. The dispute centred around whether the proposed agreement met the requirements set forth in the Fair Work Act 2009, particularly in terms of procedural fairness and compliance with the statutory obligations regarding enterprise agreements.

The central legal issues the court had to address were whether the agreement had been appropriately negotiated and whether the process adhered to the necessary legal standards. Specifically, the court needed to determine if the agreement was made in good faith, if it was properly certified, and if the necessary procedures were followed during its negotiation and presentation. The applicant argued that the agreement was validly negotiated and certified, while the respondent raised concerns about the negotiation process and the certification of the agreement.

The court found that the applicant had indeed negotiated the agreement in good faith and that the process followed was compliant with the Fair Work Act. Commissioner Holmes detailed that the agreement had been made after a genuine attempt to reach a consensus, and the necessary procedural steps were adhered to, including the involvement of an independent certifier. The court was satisfied that the agreement was properly certified and met all statutory requirements for approval. Consequently, the application for the approval of the Nurses Enterprise Agreement 2018 was granted.

The Fair Work Commission approved the Nurses Enterprise Agreement 2018, confirming its validity and compliance with all necessary legal standards. The decision underscored the importance of procedural fairness and adherence to statutory obligations in the negotiation and certification of enterprise agreements.

Keith and District Hospital Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established