| [2024] FWCA 2471 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Monash House Healthcare Services Pty Ltd T/A Monash House Private Hospital
(AG2024/2246)
MONASH HOUSE HEALTHCARE SERVICES PTY LTD NURSES’ ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| COMMISSIONER TRAN | MELBOURNE, 3 JULY 2024 |
Application for approval of the Monash House Healthcare Services Pty Ltd Nurses’ Enterprise Agreement 2024
Monash House Healthcare Services Pty Ltd T/A Monash House Private Hospital has applied for approval of an enterprise agreement known as the Monash House Healthcare Services Pty Ltd Nurses’ Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).
The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 July 2024.
In accordance with Clause 4, the nominal expiry date of the Agreement is 30 June 2028.
COMMISSIONER
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- AGLC
- Monash House Healthcare Services Pty Ltd T/A Monash House Private Hospital [2024] FWCA 2471
- Case
- [2024] FWCA 2471
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the agreement complied with the Act, particularly whether it adhered to the Fair Work (Registered Organisations) Act 2009. The Commission had to assess if the agreement was made in good faith, if it was free from any coercion, and if it covered all the necessary minimum terms and conditions of employment. Additionally, the Commission considered if the agreement met the public interest test, including aspects like industrial action, minimum wages, and redundancy payments.
The Commission concluded that the agreement met the statutory requirements and was made in good faith. It found that the agreement was not coercive and included all the mandated minimum terms and conditions of employment. The Commission also determined that the agreement satisfied the public interest test, as it did not unduly restrict the ability of nurses to take industrial action, and it provided for adequate minimum wages and redundancy payments. Therefore, the application was approved.
The Fair Work Commission approved the Monash House Healthcare Services Pty Ltd Nurses’ Enterprise Agreement 2024, deeming it compliant with the Fair Work Act 2009. The agreement was registered and will apply to the nurses employed by Monash House Healthcare Services Pty Ltd. This decision ensures that the terms and conditions of employment are fair and meet the legal standards set out in the Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
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