DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keith & District Hospital Inc
(AG2016/4158)

KEITH AND DISTRICT HOSPITAL INC NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 27 SEPTEMBER 2016

Application for approval of the Keith and District Hospital Inc Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Keith and District Hospital Inc Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keith & District Hospital Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The case of Keith & District Hospital Inc involved an application for the approval of a Nurses Enterprise Agreement 2015. The applicant, Keith & District Hospital Inc, sought approval from the Fair Work Commission for the proposed enterprise agreement, which outlined terms and conditions for nurses employed by the hospital. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the nurses it was intended to cover. The Fair Work Commission was the court tasked with deciding this matter.

The primary legal issues the court had to resolve were whether the proposed agreement was a "genuine" enterprise agreement as defined by the Fair Work Act, and whether it was made in good faith and covered the appropriate bargaining unit. Additionally, the court needed to consider whether the agreement adequately protected the interests of the nurses and complied with the safety net provisions of the Act. The court had to assess the fairness of the terms and conditions proposed in the agreement and ensure it did not adversely affect the nurses' rights and entitlements.

The Fair Work Commission found that the proposed agreement met the necessary requirements of the Fair Work Act. The agreement was deemed to be a genuine enterprise agreement, made in good faith, and covering the appropriate bargaining unit. The court noted that the agreement provided for fair and reasonable terms and conditions for the nurses and did not negatively impact their rights and entitlements. The safety net provisions of the Act were also found to be adequately addressed in the agreement. As a result, the court approved the Nurses Enterprise Agreement 2015, allowing it to be implemented by the hospital.

The final orders of the court were that the Keith & District Hospital Inc Nurses Enterprise Agreement 2015 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the approval and would govern the terms and conditions of employment for the nurses covered by the agreement.

Keith & 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