MERCY HOSPITAL, MOUNT LAWLEY, SUPPORT SERVICES AND ENROLLED NURSES ENTERPRISE AGREEMENT 2013 Summary

[2013] FWCA 8908

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Mercy Hospital Mount Lawley Inc
(AG2013/11102)

MERCY HOSPITAL, MOUNT LAWLEY, SUPPORT SERVICES AND ENROLLED NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 18 NOVEMBER 2013

Correcting paragraph [5] to include United Voice.

[1] The Decision issued by the Fair Work Commission on 13 November 2013 is corrected by deleting paragraph [5] and inserting in lieu:

“[5] The Australian Nursing Federation (ANF) and United Voice have declared that the ANF and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANF and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a single-enterprise agreement between Mercy Hospital Mount Lawley Inc and its employees. The Agreement in question was the "Mercy Hospital, Mount Lawley, Support Services and Enrolled Nurses Enterprise Agreement 2013." The Australian Nursing Federation (ANF) and United Voice, acting as bargaining representatives for the employees, supported the approval of the Agreement by the Commission. The primary legal issue before the Commission was whether the Agreement met the requirements for approval under the Fair Work Act 2009, specifically if it adhered to the provisions outlined in section 185 of the Act.

The Commission examined the Agreement to ensure it complied with the legislative framework and considered the declarations and statutory declarations submitted by the parties involved. The ANF and United Voice had affirmed their role as bargaining representatives for the employees and confirmed their support for the Agreement. Additionally, they had declared their intention to be covered by the Agreement under section 183 of the Fair Work Act. The Commission's task was to verify that the Agreement was made in good faith, was free from any unlawful content, and satisfied the criteria for approval.

Following its review, the Fair Work Commission approved the "Mercy Hospital, Mount Lawley, Support Services and Enrolled Nurses Enterprise Agreement 2013." The Commission found that the Agreement met all necessary legislative requirements and was supported by the relevant bargaining representatives. The correction to the initial decision rectified an omission by including United Voice as a bargaining representative and confirmed the Agreement's compliance with the Act. This approval ensures that the Agreement is legally binding and enforceable between Mercy Hospital Mount Lawley Inc and its employees.

In summary, the Fair Work Commission approved the "Mercy Hospital, Mount Lawley, Support Services and Enrolled Nurses Enterprise Agreement 2013" after correcting a minor oversight in its initial decision. The corrected decision now appropriately recognises United Voice as a bargaining representative and confirms the Agreement's compliance with the Fair Work Act. This ensures that the Agreement is now valid and enforceable.

MERCY HOSPITAL, MOUNT LAWLEY, SUPPORT SERVICES AND ENROLLED NURSES ENTERPRISE AGREEMENT 2013

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established