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

[2013] FWCA 1326

FAIR WORK COMMISSION

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
(AG2013/109)

TOOWONG PRIVATE HOSPITAL NURSING EMPLOYEES ENTERPRISE AGREEMENT 2012 - 2015

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 5 MARCH 2013

Application for the approval of the Toowong Private Hospital Nursing Employees Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Toowong Private Hospital Nursing Employees Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing Federation and Queensland Nurses Union of Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER BOOTH

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by N A Kratzmann and Sons Pty Ltd, trading as Toowong Private Hospital, for the approval of the Toowong Private Hospital Nursing Employees Enterprise Agreement 2012 - 2015. The respondents were the Australian Health Services Union Queensland Branch, Queensland Nurses Union, and Australian Nursing Federation Queensland Branch. The dispute involved whether the enterprise agreement should be approved, considering the implications of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the requirements set forth under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the criteria for being a "single interested party enterprise agreement" and whether it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement provided for the proper representation of the employees' interests.

The Fair Work Commission found that the enterprise agreement was made in good faith and without coercion, and it met the criteria for being a single interested party enterprise agreement. The Commission noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act 2009, including provisions for minimum wages, conditions, and dispute resolution. The Commission also found that the agreement provided for the proper representation of the employees' interests, as it allowed for the participation of employee representatives in the negotiation process. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Toowong Private Hospital Nursing Employees Enterprise Agreement 2012 - 2015. The Commission's decision was based on its finding that the agreement was made in good faith and without coercion and that it met the criteria for being a single interested party enterprise agreement. Furthermore, the Commission found that the agreement provided for the proper representation of the employees' interests and contained provisions consistent with the objectives of the Fair Work Act 2009. The approval of the enterprise agreement ensures that the terms and conditions of employment for the nursing staff at Toowong Private Hospital are governed by a legally binding agreement that promotes fair and equitable outcomes for both the employer and employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established