Mercy Hospital Mount Lawley Inc

[2013] FWCA 8695

FAIR WORK COMMISSION

DECISION

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

Mercy Hospital Mount Lawley Inc
(AG2013/11100)

MERCY HOSPITAL MOUNT LAWLEY REGISTERED NURSE AND MIDWIVES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 8 NOVEMBER 2013

Application for approval of the Mercy Hospital Mount Lawley Registered Nurse and Midwives Enterprise Agreement 2013.

[1] On 30 October 2013, Mercy Hospital Mount Lawley Inc made application for approval of a single enterprise agreement to be known as the Mercy Hospital Mount Lawley Registered Nurse and Midwives Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 15 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 November 2013.

[7] The nominal expiry date of this Agreement is 1 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercy Hospital Mount Lawley Inc, the applicant, sought approval of the Mercy Hospital Mount Lawley Registered Nurse and Midwives Enterprise Agreement 2013. The applicant was represented by Mr. D.J.M. O’Brien SC and Mr. C.M. O’Malley. The respondent, the Registered Nurses’ and Midwives’ Union, was represented by Mr. T.J.A. Leary. The case was heard in the Industrial Court of Western Australia.

The central issue before the court was whether the terms of the agreement were fair and reasonable, and whether the agreement was made in good faith. The applicant argued that the agreement was fair and reasonable, and that it had been made in good faith. The respondent argued that the agreement was not fair and reasonable, and that it had not been made in good faith. The court had to decide whether the agreement was fair and reasonable, and whether it had been made in good faith.

The court found that the agreement was fair and reasonable, and that it had been made in good faith. The court noted that the agreement provided for a range of benefits for employees, including pay increases, improved leave provisions, and better working conditions. The court also noted that the agreement had been negotiated in good faith, and that it represented a genuine attempt to reach a fair and reasonable agreement. The court concluded that the agreement was fair and reasonable, and that it had been made in good faith. The court granted the applicant’s application for approval of the agreement.

The court made an order approving the Mercy Hospital Mount Lawley Registered Nurse and Midwives Enterprise Agreement 2013, and directed that the agreement be registered in accordance with the relevant legislation. The respondent was ordered to pay the applicant’s costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established