Monash House Private Hospital Pty Ltd

[2016] FWCA 1760
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Monash House Private Hospital Pty Ltd T/A Monash House Private
Hospital
(AG2016/2417)
MONASH HOUSE PRIVATE HOSPITAL PTY LTD NURSES’
ENTERPRISE AGREEMENT 2016
Health and welfare services

COMMISSIONER JOHNS SYDNEY, 21 MARCH 2016
Application for approval of the Monash House Private Hospital Pty Ltd Nurses’ Enterprise
Agreement 2016.
[1] On 29 February 2016 Monash House Private Hospital Pty Ltd T/A Monash House

Private Hospital (Applicant) made an application for approval of the Monash House private
Hospital Pty Ltd 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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of

the Act, as are relevant to this application for approval, have been met.
[4] 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.
[2016] FWCA 1760
[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 28 March 2016. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Monash House Private Hospital Pty Ltd (Applicant), which applied for the approval of the Monash House Private Hospital Pty Ltd Nurses’ Enterprise Agreement 2016. The application was made under section 185 of the Fair Work Act 2009. This enterprise agreement pertains to health and welfare services. The case was heard by Commissioner Johns in Sydney on 21 March 2016.

The legal issues that the court had to decide upon were whether the application for approval met the requirements of sections 186, 187, and 188 of the Act. Additionally, the court had to verify whether the Australian Nursing and Midwifery Federation, a bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover it, as required by section 201(2). The court also had to ensure that the agreement covered this organisation.

The Commissioner found that all the requirements of the Act were met. The Agreement was lodged within 14 days of being made, and the Australian Nursing and Midwifery Federation had given notice that it wanted the agreement to cover it. The Commissioner approved the Agreement, which will operate from 28 March 2016. The nominal expiry date of the Agreement is 1 February 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established