DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N.A. Kratzmann & Sons Pty Ltd T/A Toowong Private Hospital
(AG2018/6256)

TOOWONG PRIVATE HOSPITAL NURSING EMPLOYEES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 1 MAY 2019

Application for approval of the Toowong Private Hospital Nursing Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toowong Private Hospital Nursing Employees 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 N.A. Kratzmann & Sons Pty Ltd T/A Toowong Private 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. Despite clause 1.5 of the Agreement, the Agreement will operate from 8 May 2019, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

N.A. Kratzmann & Sons Pty Ltd, trading as Toowong Private Hospital, applied to the Fair Work Commission for approval of the Toowong Private Hospital Nursing Employees Enterprise Agreement 2018. The respondents, including the Australian Nursing and Midwifery Federation, raised objections to the agreement, arguing it did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the procedural and substantive requirements for enterprise agreements under the Fair Work Act.

The court had to determine if the application for approval of the enterprise agreement was made in accordance with the procedural requirements of the Fair Work Act and if the agreement met the substantive requirements, including the "better off overall test" and other provisions. The key issues involved verifying whether the agreement was made free from prohibited content, if it was genuinely an enterprise agreement, and if it passed the better off overall test.

The Fair Work Commission found that the application for approval was validly made and that the enterprise agreement complied with the procedural requirements. The court examined the contents of the agreement and concluded that it did not contain any prohibited content and was genuinely an enterprise agreement. Regarding the better off overall test, the Commission assessed the financial and non-financial benefits against the detriments and determined that the agreement was approved as it met this test. The Commission also noted that the agreement contained provisions for the resolution of disputes and the rights of employees, which were in line with the Fair Work Act.

The Fair Work Commission approved the Toowong Private Hospital Nursing Employees Enterprise Agreement 2018, finding it met all the necessary legal requirements. The agreement was certified as meeting the better off overall test, and no prohibited content was found. The Commission considered the evidence and arguments presented by the parties and concluded that the agreement was fair and reasonable. The final order was the certification of the enterprise agreement, allowing it to be in effect.

N.A. Kratzmann & Sons Pty Ltd T/A Toowong Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established