Pakenham and District Hospitals Inc. T/A Millhaven Lodge

[2014] FWCA 3889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pakenham and District Hospitals Inc. T/A Millhaven Lodge
(AG2014/6181)

APPLICATION FOR APPROVAL OF THE PAKENHAM AND DISTRICT HOSPITALS INC. (TRADING AS MILLHAVEN LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 12 JUNE 2014

Application for approval of the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU Enterprise Agreement 2014.

[1] On 27 May 2014 Pakenham and District Hospitals Inc. T/A Millhaven Lodge (Applicant) made an application for approval of the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. On their Form F17 the Applicant advised that the Agreement was lodged late due the email being misplaced by the Applicant’s Industrial Relations consultant. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Pakenham and District Hospitals Inc., trading as Millhaven Lodge, the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU), seeking approval of their 2014 Enterprise Agreement. The dispute arose from the negotiation process and subsequent contents of the agreement, which the Commission needed to review to ensure compliance with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the negotiation process adhered to the procedural requirements outlined in the Act and whether the terms of the agreement were fair and reasonable. The Commission needed to determine if the agreement was genuinely bargained for, free from any improper influence or coercion, and if it provided for appropriate protections and entitlements for employees. Additionally, the Commission had to consider if the agreement complied with minimum wage and other relevant industrial standards.

After reviewing the evidence presented, the Commission concluded that the negotiation process was generally fair and in line with the requirements of the Act. The Commission found that the agreement provided adequate protections and benefits for the employees, and its terms were reasonable in the circumstances. The Commission approved the agreement, noting that while some terms could be improved, they did not detract from the overall fairness of the agreement. The Commission's approval was based on the understanding that the parties would continue to engage in good faith to address any outstanding issues and to improve the agreement in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established