DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MQ Health Pty Limited T/A Macquarie University Hospital
(AG2018/6627)

MACQUARIE UNIVERSITY HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 8 APRIL 2019

Application for approval of the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MQ Health Pty Limited T/A Macquarie University Hospital. 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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of MQ Health Pty Limited T/A Macquarie University Hospital, the applicant sought approval of the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2018. The dispute arose under the Fair Work Act 2009, where the applicant needed the Federal Circuit and Family Court of Australia to approve the agreement. The dispute concerned whether the agreement met the necessary criteria for approval, including provisions on employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. The court had to determine if the agreement was a "good faith" agreement and whether it provided for the proper operation of the workplace. The court also needed to assess if the agreement adequately addressed employees' rights and obligations, ensuring compliance with the broader industrial relations framework.

The court found that the enterprise agreement was made in good faith and provided for the proper operation of the workplace. The agreement contained provisions that met the statutory requirements, including terms on employee entitlements, working conditions, and dispute resolution mechanisms. The court was satisfied that the agreement protected the rights of employees and employers and provided a fair framework for industrial relations. The court approved the agreement, recognising its compliance with the Fair Work Act 2009.

The final orders of the court approved the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2018, confirming its validity and enforceability. The agreement was deemed to be a bona fide endeavour to achieve an enterprise agreement and was approved under section 173 of the Fair Work Act 2009. The approval allowed the agreement to be registered, and it would take effect from the date of the court's decision.

MQ Health Pty Limited T/A Macquarie University Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established