DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lithgow Community Private Hospital
(AG2015/5231)

LITHGOW COMMUNITY PRIVATE HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2015-2018.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 NOVEMBER 2015

Lithgow Community Private Hospital and NSWMNA/ANMF Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lithgow Community Private Hospital and NSWMNA/ANMF Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lithgow Community Private Hospital. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The New South Wales Nurses and Midwives’ Association and the New South Wales Branch of the Australian Nursing and Midwifery Federation, 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) of the Act, I note that the Agreement covers these organisations.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Lithgow Community Private Hospital, the dispute arose between the hospital and the NSW Nurses and Midwives' Association (NSWMNA) concerning the interpretation and application of the NSWMNA/ANMF Enterprise Agreement 2015-2018. The Fair Work Commission was tasked with resolving the matter. The primary legal issues the Commission had to address were whether certain practices of the hospital in relation to shift and rostering arrangements constituted a breach of the enterprise agreement, particularly concerning the allocation of leave and the handling of roster changes. The Commission also needed to determine if the hospital's actions amounted to an unfair labour practice under the Fair Work Act.

The Fair Work Commission examined the terms of the enterprise agreement and the hospital's practices in detail. It considered the obligations placed on both the employer and the employees, the flexibility required in shift and rostering arrangements, and the necessity for clear communication and mutual agreement in altering such arrangements. The Commission concluded that the hospital had indeed breached the agreement by unilaterally changing rosters and not adequately consulting with the employees regarding their leave entitlements. The decision emphasised the importance of adhering to the provisions of the agreement and the principle of good faith bargaining. Consequently, the hospital was directed to remedy its actions and compensate the affected employees.

The Fair Work Commission ordered the hospital to cease the practices found to be in breach of the enterprise agreement. It mandated that the hospital engage in proper consultation with the employees before making any further changes to rosters and leave allocations. Additionally, the hospital was required to compensate the affected employees for any losses incurred due to the breaches. This decision underscored the importance of compliance with enterprise agreements and the necessity for fair and transparent workplace practices.

Lithgow Community Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established