Mayflower Brighton Summary

[2018] FWCA 458

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mayflower Brighton

(AG2017/3382)

Mayflower Nurses Enterprise Agreement 2017

Health and welfare services
Commissioner Harper-Greenwell	MELBOURNE, 22 JANUARY 2018

Application for approval of the Mayflower Nurses Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mayflower Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mayflower Brighton. The Agreement is a single enterprise agreement.

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. 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.

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.

The Agreement was approved on 22 January 2018 and, in accordance with s.54, will operate from 29 January 2018. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Mayflower Brighton, the applicants sought approval of the Mayflower Nurses Enterprise Agreement 2017. The agreement was the result of negotiations between the applicants, Mayflower Brighton, and the respondents, the Registered Nurses’ Union of Victoria. The primary dispute was whether the agreement complied with the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner A J T O’Donnell.

The legal issues before the court included whether the agreement was made in good faith, and if it satisfied the requirements of the Fair Work Act. The applicants argued that the agreement was a bona fide attempt to reach an enterprise agreement and was made in good faith. The respondents raised concerns about certain provisions of the agreement, particularly those relating to the employment of agency nurses and the conditions under which nurses could be rostered off.

The court considered the evidence presented by both parties, including the negotiations and the content of the agreement. Commissioner O’Donnell concluded that the agreement was made in good faith and complied with the statutory requirements. The court noted that the agreement contained provisions that were necessary for the efficient operation of the hospital and were in line with industry standards. The court found that the agreement was a genuine attempt to reach a fair and reasonable outcome for both parties.

As a result of the decision, the Mayflower Nurses Enterprise Agreement 2017 was approved by the Fair Work Commission. The approval was subject to certain conditions, including the requirement that the applicants provide the respondents with information about the use of agency nurses. The court's decision provides guidance for future enterprise agreements and the importance of good faith negotiations in reaching a fair outcome for all parties involved.

Mayflower Brighton

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established