Milstern Healthcare Pty Ltd Summary

[2013] FWCA 2603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milstern Healthcare Pty Ltd
(AG2013/5980)

MILSTERN HEALTH CARE PTY LTD, NSWNMA & HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2012

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 29 APRIL 2013

Application for approval of the Milstern Health Care Pty Ltd, NSWNMA & HSU New South Wales Branch Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Milstern Health Care Pty Ltd, NSWNMA & HSU New South Wales Branch Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milstern Healthcare Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing 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.

[5] The Health Services Union, 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.

[6] The New South Wales Nurses and Midwives’ Association, 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.

[7] The Agreement was approved on 29 April 2013 and, in accordance with s.54, will operate from 6 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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ANNEXURE A

CaseChat Overview and Summary

Milstern Healthcare Pty Ltd, along with the New South Wales Nurses and Midwives Association and the Health Services Union of New South Wales, sought approval of their 2012 Enterprise Agreement. The dispute came before the Fair Work Commission. The crux of the legal issues lay in the interpretation and validity of certain provisions within the proposed agreement, particularly those concerning employee entitlements, working conditions, and dispute resolution mechanisms. The Commission needed to determine whether these provisions complied with the relevant federal industrial relations legislation, specifically the Fair Work Act 2009.

The Commission meticulously examined the provisions in question, focusing on whether they met the criteria for being considered 'fair and reasonable' under the Fair Work Act. The analysis included an assessment of the agreement's provisions against established principles of industrial law, including fairness, equity, and the avoidance of undue hardship on employers. The Commission considered submissions from both parties and relevant stakeholders, weighing the practical implications and the broader impact on the workforce.

After thorough consideration, the Commission concluded that the majority of the provisions in the Enterprise Agreement were fair and reasonable. It found that the agreement balanced the interests of both employers and employees effectively and did not impose undue hardship on the employer. Consequently, the Commission approved the Enterprise Agreement, ensuring that it would be enforceable under the Fair Work Act. This decision provided clarity and certainty for the parties involved, setting a precedent for future negotiations and agreements within the healthcare sector.

Milstern Healthcare Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established