DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Macquarie University Hospital Operations No 2 Ltd T/A Macquarie University Hospital
(AG2015/2113)

MACQUARIE UNIVERSITY HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2015 - 2017

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 MARCH 2015

Application for approval of the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macquarie University 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 27 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in the case were Macquarie University Hospital Operations No 2 Ltd T/A Macquarie University Hospital and the New South Wales Nurses and Midwives' Association (NSWNMA)/Australian Nurses and Midwives' Federation (ANMF). The dispute involved the application for approval of the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017. The matter was heard in the Fair Work Commission (FWC). The primary legal issues the court had to address were whether the enterprise agreement met the statutory requirements for approval and whether the agreement provided fair terms and conditions for the employees.

The FWC examined the enterprise agreement to determine if it complied with the Fair Work Act 2009, focusing on aspects such as the negotiation process, the fairness of the terms and conditions, and the overall impact on the employees. The court considered the submissions from both parties and the relevant provisions of the Act. The FWC assessed the agreement's provisions, including wages, working conditions, dispute resolution mechanisms, and other employment terms. The court also took into account the evidence provided by the employer and the union regarding the agreement's negotiation process and its implications for the employees.

After careful consideration, the FWC determined that the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2015-2017 met the statutory requirements for approval. The court found that the agreement provided fair terms and conditions for the employees, and that the negotiation process was satisfactory. Consequently, the FWC approved the enterprise agreement, and it became legally binding for the specified period. The decision was made based on the evidence presented and the application of the relevant statutory provisions.

Macquarie University Hospital Operations No 2 Ltd T/A Macquarie University Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established