DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kitaya Holdings Pty Ltd
(AG2021/3939)

JESSIE MCPHERSON PRIVATE HOSPITAL (NURSES & MIDWIVES) ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MARCH 2021

Application for approval of the Jessie McPherson Private Hospital (Nurses & Midwives) Enterprise Agreement 2020.

[1] Kitaya Holdings Pty Ltd has made an application for approval of an enterprise agreement known as the Jessie McPherson Private Hospital (Nurses & Midwives) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 March 2021 and, in accordance with s 54, will operate from 16 March 2021. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kitaya Holdings Pty Ltd, the employer of the Jessie McPherson Private Hospital (Nurses & Midwives) Enterprise Agreement 2020, sought approval of the agreement from the Fair Work Commission. The agreement was submitted to the Fair Work Commission following the completion of conciliation and mediation processes. The applicants argued that the agreement should be approved as it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the interests of the employees. The applicants needed to demonstrate that the agreement contained all the mandatory terms required by the Fair Work Act and that it was not contrary to public policy. The applicants also had to show that the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement met the criteria for approval. The agreement contained all the mandatory terms required by the Fair Work Act, and it was not contrary to public policy. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment for the employees, and it was in their best interests. The Fair Work Commission approved the Jessie McPherson Private Hospital (Nurses & Midwives) Enterprise Agreement 2020.

The Fair Work Commission approved the Jessie McPherson Private Hospital (Nurses & Midwives) Enterprise Agreement 2020. The approval was effective from the date of the Commission's decision. The agreement provides for fair and reasonable terms and conditions of employment for the employees, and it is in their best interests. The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act.

Kitaya Holdings Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established