DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura District Hospital Fund Inc T/A Mildura Health Private Hospital
(AG2017/1212)

MILDURA HEALTH PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 12 MAY 2017

Application for approval of the Mildura Health Private Hospital Nurses Enterprise Agreement 2016.

[1] On 7 April 2017 Mildura District Hospital Fund Inc T/A Mildura Health Private Hosital (Applicant) made an application for approval of the Mildura Health Private Hospital Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 May 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mildura District Hospital Fund Inc, trading as Mildura Health Private Hospital, applied to the Fair Work Commission for approval of the Mildura Health Private Hospital Nurses Enterprise Agreement 2016. The application was opposed by the Registered Nurses’ Award 2010. The dispute centred on the terms and conditions of employment for nurses working at the hospital, specifically those outlined in the proposed enterprise agreement.

The primary legal issue before the commission was whether the terms of the proposed enterprise agreement were consistent with the provisions of the Fair Work Act 2009. The commission needed to determine if the agreement met the statutory requirements for approval, including whether it provided for a fair and reasonable outcome for the employees and whether it complied with the relevant awards and regulations.

In its decision, the commission considered the overall fairness of the proposed agreement and the impact of its terms on the nurses. The commission noted that the proposed agreement provided for various benefits, including pay rates and conditions that were considered fair and reasonable. It was determined that the agreement did not undermine the relevant award and provided for a fair and reasonable outcome for the employees. Consequently, the commission approved the application, finding that the terms of the agreement were consistent with the Fair Work Act 2009 and met the statutory requirements for approval. The commission certified the Mildura Health Private Hospital Nurses Enterprise Agreement 2016 as meeting the necessary criteria for approval.

Mildura District Hospital Fund Inc T/A Mildura Health 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