| [2019] FWCA 4339 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kitaya Holdings Pty Limited T/A Jessie McPherson Private Hospital
(AG2019/1777)
JESSIE MCPHERSON PRIVATE HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2018
Health and welfare services | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 21 JUNE 2019 |
Application for approval of the Jessie McPherson Private Hospital Support Services Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Jessie McPherson Private Hospital Support Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kitaya Holdings Pty Limited T/A Jessie McPherson Private 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 Clause 32 is inconsistent with the National Employment Standards as it provides an employee’s annual leave entitlement in hours rather than days. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[4] The Health Services Union (HSU) 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 28 June 2019. The nominal expiry date of the Agreement is 31 July 2022.
DEPUTY PRESIDENT
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- AGLC
- Kitaya Holdings Pty Limited T/A Jessie McPherson Private Hospital [2019] FWCA 4339
- Case
- [2019] FWCA 4339
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the agreement met the statutory requirements for approval and if it provided for the fair and equitable treatment of the employees. The court had to determine whether the agreement was genuinely bargained, whether it complied with the provisions of the Fair Work Act, and if it satisfied the criteria for being a low-paid or disadvantaged workers' agreement. Additionally, the court needed to consider whether the agreement was in the public interest and if it provided adequate protection for the employees' rights and interests.
The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The court examined the process of bargaining and found that the agreement was the product of genuine negotiation between the parties. It also determined that the agreement complied with the relevant provisions of the Fair Work Act and met the criteria for being a low-paid or disadvantaged workers' agreement. The court considered the public interest and concluded that the agreement provided adequate protection for the employees' rights and interests.
In light of the findings, the Fair Work Commission approved the Jessie McPherson Private Hospital Support Services Enterprise Agreement 2018. The court's decision was based on the conclusion that the agreement was genuinely bargained, complied with the relevant legislation, and was in the public interest. The approval of the agreement ensures that the employees covered by it receive fair and equitable treatment, with adequate protection for their rights and interests.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
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