N a Kratzmann and Sons Pty Ltd

[2016] FWCA 1471

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital

(AG2016/225)

TOOWONG PRIVATE HOSPITAL NURSING EMPLOYEES

ENTERPRISE AGREEMENT 2015-2018

Health and welfare services

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 MARCH 2016

Application for approval of the Toowong Private Hospital Nursing Employees Enterprise

Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Toowong Private Hospital Nursing Employees Enterprise Agreement 2015-2018 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital

(Applicant). The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material

contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the

organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 March 2016 and, in accordance with s.54, will

operate from 14 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital and the Australian Nursing and Midwifery Federation. The dispute relates to an application for the approval of a single enterprise agreement, specifically the Toowong Private Hospital Nursing Employees Enterprise Agreement 2015-2018. The matter was heard by Deputy President Gostencnik at the Fair Work Court of Australia. The Applicant sought approval for the agreement under section 185 of the Fair Work Act 2009.

The legal issues that the court needed to address were whether the agreement met the requirements of sections 186, 187, 188, and 190 of the Act, and whether it would cause financial detriment to any employee or result in substantial changes to the agreement. The court was also required to consider whether the agreement would cover the Australian Nursing and Midwifery Federation as a bargaining representative.

In delivering the decision, Deputy President Gostencnik found that the application for approval met all the relevant requirements of the Act. The court was satisfied that the written undertakings provided by the Applicant would not cause financial detriment to any employee covered by the Agreement and would not result in substantial changes to the agreement. The court also noted that the agreement covered the Australian Nursing and Midwifery Federation as a bargaining representative. Consequently, the court approved the agreement on 7 March 2016, and it will operate from 14 March 2016 with a nominal expiry date of 30 June 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established