DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital
(AG2019/1532)

MARYVALE PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 5 AUGUST 2019

Application for approval of the Maryvale Private Hospital Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Maryvale Private Hospital Nurses 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 Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital. The Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 12 August 2019. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Maryvale Private Hospital Pty Limited, trading as Maryvale Private Hospital, sought approval for the Nurses Enterprise Agreement 2018. The application was made to the Fair Work Commission (FWC), which is responsible for approving enterprise agreements in accordance with the Fair Work Act 2009. The dispute involved the terms and conditions of employment for nurses working at the hospital, and whether the proposed agreement was fair and reasonable.

The primary legal issues the FWC was required to decide were whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was genuinely agreed upon by the parties. Additionally, the FWC needed to determine whether the agreement complied with the requirements for direct agreements, such as whether the agreement was made in good faith and whether it included a provision for resolving disputes. The FWC also considered whether the agreement was likely to achieve its intended objectives, such as facilitating a cooperative and productive workplace.

The FWC found that the agreement was fair and reasonable, and met the statutory criteria for approval. The FWC noted that the agreement provided for a range of terms and conditions that were consistent with industry standards, and that it included provisions for resolving disputes and promoting a cooperative workplace. The FWC also found that the agreement was genuinely agreed upon by the parties, and that it complied with the requirements for direct agreements. The FWC was satisfied that the agreement was likely to achieve its intended objectives, and approved the agreement.

The FWC's approval of the Nurses Enterprise Agreement 2018 provides certainty for both the hospital and the nurses who are covered by the agreement. The approval ensures that the agreement is legally binding and enforceable, and that it provides for fair and reasonable terms and conditions of employment. The decision also provides guidance for other employers and employees who are seeking to negotiate and agree upon enterprise agreements.

Maryvale Private Hospital Pty Limited T/A Maryvale 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