DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Monash House Private Hospital Pty Ltd T/A Monash House Private Hospital
(AG2020/604)

MONASH HOUSE PRIVATE HOSPITAL PTY LTD NURSES' ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 22 APRIL 2020

Application for approval of the Monash House Private Hospital Pty Ltd Nurses' Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Monash House Private Hospital Pty Ltd Nurses' Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monash House Private Hospital Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer 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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 24(c) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 April 2020 and, in accordance with s.54, will operate from 29 April 2020. The nominal expiry date of the Agreement is 22 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, Monash House Private Hospital Pty Ltd, trading as Monash House Private Hospital, applied for the approval of their Nurses' Enterprise Agreement 2019. The application was made before the Fair Work Commission, where the primary concern was the compliance of the proposed agreement with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The dispute centred around the terms and conditions proposed in the agreement, specifically those related to the remuneration, conditions of employment, and other employment-related matters of the hospital's nursing staff.

The key legal issues the Commission had to resolve included whether the proposed agreement was a "small business agreement" as defined by the Fair Work Act, and if it met the requirements for approval under the Act. The Commission also had to consider whether the agreement was fair and reasonable, and if it provided for a genuine enterprise bargaining process. Furthermore, the Commission was required to ensure that the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act, particularly those related to the role of registered organisations in the enterprise bargaining process.

In reaching its decision, the Commission examined the application and the proposed agreement in detail. It assessed whether the agreement was genuinely negotiated and whether the process was fair and reasonable. The Commission also considered the economic and employment implications of the agreement, and whether it provided for fair and reasonable terms and conditions for the employees. After thorough deliberation, the Commission found that the agreement was compliant with the statutory requirements and met the criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that the bargaining process was genuine. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Monash House Private Hospital Pty Ltd Nurses' Enterprise Agreement 2019, confirming its compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act. The agreement was deemed to provide for fair and reasonable terms and conditions for the hospital's nursing staff and to have been genuinely negotiated. The decision was made final and binding, effective from the date of the Commission's approval.

Monash House Private Hospital Pty Ltd T/A Monash House 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