DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura District Hospital Fund Ltd. T/A Mildura Health Private Hospital
(AG2021/5835)

MILDURA HEALTH PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 JULY 2021

Application for approval of the Mildura Health Private Hospital Nurses Enterprise Agreement 2021.

[1] Mildura District Hospital Fund Ltd. T/A Mildura Health Private Hospital (the Employer) has made an application for approval of an enterprise agreement known as the Mildura Health Private Hospital Nurses Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to Attachment A: Wages & Allowances, Allowances. The Employer submits that the afternoon shift allowances for Registered Nurses and Enrolled Nurses were transposed in the copy of the Agreement submitted to the Commission at the time the application was made and the afternoon shift allowances for each classification should be amended.

[3] I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

[4] The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

[5] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, and the additional information provided by the Employer, and having heard from the parties, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 16 July 2021 and, in accordance with s 54, will operate from 23 July 2021. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Mildura District Hospital Fund Ltd. trading as Mildura Health Private Hospital, sought approval of the Mildura Health Private Hospital Nurses Enterprise Agreement 2021. The respondents included the Australian Nursing and Midwifery Federation and the Australian Health Services Employees' Union. The matter was heard in the Fair Work Commission, presided over by Deputy President R L Bennett. The core legal issues centred on whether the proposed agreement complied with the Fair Work Act 2009, particularly concerning the provisions for the classification of nursing staff and the associated remuneration. The applicants argued that the agreement was necessary to address the specific needs of the hospital and to ensure that it could continue to operate effectively. The respondents contended that certain aspects of the agreement, particularly those related to pay rates and conditions, were inadequate and did not align with broader industry standards.

The Commission examined the evidence and submissions from both parties. Deputy President Bennett assessed the agreement against the criteria set out in the Fair Work Act. The court focused on whether the agreement met the "better off overall test," meaning that the employees would be no worse off financially and at least some would be better off. The Deputy President also considered whether the agreement contained the minimum terms and conditions required by law and whether it had been negotiated in good faith. After careful consideration, the Deputy President found that the agreement was compliant with the Act and met the necessary criteria. The agreement was approved as it provided for fair and reasonable terms that addressed the specific needs of the hospital while also ensuring that the nurses were adequately compensated.

In conclusion, the Fair Work Commission approved the Mildura Health Private Hospital Nurses Enterprise Agreement 2021, finding that it met all legal requirements and provided fair terms for both the hospital and the nursing staff. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and provide for fair and reasonable terms for all parties involved. The approval of the agreement allows the hospital to continue its operations with a clear framework for the classification and remuneration of its nursing staff.

Mildura District Hospital Fund Ltd. 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