| [2024] FWCA 3805 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mq Health Pty Limited T/A Macquarie University Hospital, Mq Health Clinics
(AG2024/3519)
MACQUARIE UNIVERSITY HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 31 OCTOBER 2024 |
Application for approval of the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2024 (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, Mq Health Clinics. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
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.
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 7 November 2024. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Mq Health Pty Limited T/A Macquarie University Hospital, Mq Health Clinics [2024] FWCA 3805
- Case
- [2024] FWCA 3805
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. Specifically, the court had to determine if the agreement provided fair and reasonable terms and conditions for the employees, including matters such as pay rates, working conditions, and dispute resolution mechanisms. Additionally, the court considered whether the agreement complied with relevant federal laws and standards.
In reaching its decision, the FWC examined the provisions of the agreement in detail, considering the submissions from both the applicant and the relevant unions. The FWC found that the agreement contained terms that were fair and reasonable, taking into account the specific context of the hospital and the needs of the employees. The court also concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees. Based on this, the FWC approved the Macquarie University Hospital and NSWNMA/ANMF Enterprise Agreement 2024.
As a result of the decision, the Fair Work Commission approved the enterprise agreement, which will now govern the employment conditions of the covered employees. This approval ensures that the agreement's terms are legally binding and enforceable, providing a framework for the relationship between the hospital and its employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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