DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MUH Operations No.2 Pty Limited T/A Macquarie University Hospital
(AG2015/7790)

MACQUARIE UNIVERSITY HOSPITAL/HSU NEW SOUTH WALES BRANCH EMPLOYEES AGREEMENT 2015-2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 18 FEBRUARY 2016

Application for approval of the Macquarie University Hospital/HSU New South Wales Branch Employees Agreement 2015-2017.

[1] On 18 December 2015 MUH Operations No.2 Pty Limited T/A Macquarie University Hospital (Applicant) made an application for approval of the Macquarie University Hospital/HSU New South Wales Branch Employees Agreement 2015-2017 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union of Australia, 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 February 2016. The nominal expiry date of the Agreement is 25 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417880 PR577162

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved MUH Operations No.2 Pty Limited trading as Macquarie University Hospital, and the Health Services Union NSW Branch. The hospital sought approval for the Macquarie University Hospital/HSU New South Wales Branch Employees Agreement 2015-2017. The primary concern was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court had to determine if the agreement provided for a fair and reasonable method for resolving disputes between employees and employers, and whether it contained provisions that were not contrary to public policy. The hospital argued that the agreement provided adequate dispute resolution mechanisms, while the union contended that the mechanisms were insufficient and did not sufficiently protect employees' rights.

In its decision, the Fair Work Commission found that the agreement did provide for a fair and reasonable method for resolving disputes. The commission noted that the agreement incorporated provisions for conciliation and arbitration, which were acceptable methods of dispute resolution under the Act. The commission also concluded that the agreement did not contain any provisions that were contrary to public policy. Consequently, the hospital's application for approval of the agreement was successful.

The final orders of the Fair Work Commission were that the Macquarie University Hospital/HSU New South Wales Branch Employees Agreement 2015-2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement would remain in effect until the later of 31 December 2017 or the date on which it was terminated in accordance with its provisions.

MUH Operations No.2 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