DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Eastern Community Hospital
(AG2017/169)

NORTH EASTERN COMMUNITY HOSPITAL NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the North Eastern Community Hospital Nursing Employees & ANMF Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the North Eastern Community Hospital Nursing Employees & ANMF Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Eastern Community Hospital. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 and, in accordance with s.54 of the Act, will operate from 23 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of North Eastern Community Hospital involved the application for approval of the North Eastern Community Hospital Nursing Employees & ANMF Enterprise Agreement 2017. The applicant, the Australian Nursing and Midwifery Federation (ANMF), sought approval for the agreement from the Fair Work Commission (FWC), which was opposed by the employer, the North Eastern Community Hospital. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically those related to employee entitlements, remuneration, and workplace practices.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the provisions that would be binding on the employees and the employer. The Commission needed to determine if the agreement met the requirements for "independent" and "authentic" agreements, as well as if it provided for a fair and reasonable balance of rights and obligations between the parties. Additionally, the Commission considered whether the agreement facilitated the resolution of workplace issues through negotiation and compromise, rather than through industrial action.

In reaching its decision, the Fair Work Commission carefully examined the proposed agreement's provisions, taking into account the principles of good faith bargaining, the protection of employees' interests, and the maintenance of a stable and productive workplace. The Commission found that the agreement was authentic, as it was the product of genuine negotiation between the parties, and independent, as it was not drafted by the Commission. Furthermore, the Commission held that the agreement provided a fair and reasonable balance of rights and obligations, taking into account the needs of both the employees and the employer. Consequently, the Fair Work Commission approved the North Eastern Community Hospital Nursing Employees & ANMF Enterprise Agreement 2017.

The final orders of the Fair Work Commission were that the North Eastern Community Hospital Nursing Employees & ANMF Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from 1 July 2017. This decision allowed the agreement to be binding on the employees and the employer, providing a framework for resolving workplace issues and ensuring a fair and reasonable balance of rights and obligations between the parties.

North Eastern Community Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established