DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neerim District Soldier’s Memorial Hospital
(AG2015/5397)

NEERIM DISTRICT SOLDIER’S MEMORIAL HOSPITAL INC. ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 16 SEPTEMBER 2015

Application for approval of the Neerim District Soldier’s Memorial Hospital Inc. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Neerim District Soldier’s Memorial Hospital Inc. Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neerim District Soldier’s Memorial Hospital. The agreement is a single-enterprise agreement.

[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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2015. The nominal expiry date of the Agreement is 31 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Neerim District Soldier’s Memorial Hospital Incorporated, seeking approval of the Neerim District Soldier’s Memorial Hospital Inc. Enterprise Agreement 2015. The Hospital argued that the agreement was appropriate and should be approved, while the Australian Health Services Union, representing the employees, opposed the application, arguing that the agreement was deficient in several respects. The dispute before the Fair Work Commission was whether the agreement was sufficiently comprehensive and whether it complied with the Fair Work Act 2009.

The Commission considered whether the agreement was a single, integrated agreement that was sufficiently comprehensive and whether it contained all the terms of the employment of the employees covered by the agreement. The Commission also considered whether the agreement provided for adequate mechanisms for resolving disputes and whether it complied with the good faith bargaining requirement. The Commission found that the agreement was sufficiently comprehensive and contained all the terms of the employment of the employees covered by the agreement. The Commission also found that the agreement provided for adequate mechanisms for resolving disputes and that it complied with the good faith bargaining requirement.

The Fair Work Commission approved the Neerim District Soldier’s Memorial Hospital Inc. Enterprise Agreement 2015. The Commission found that the agreement was sufficiently comprehensive and contained all the terms of the employment of the employees covered by the agreement. The Commission also found that the agreement provided for adequate mechanisms for resolving disputes and that it complied with the good faith bargaining requirement. The application for approval was therefore successful, and the agreement was approved.

Neerim District Soldier’s Memorial Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established