DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pakenham and District Hospitals Inc. T/A Millhaven Lodge
(AG2019/1713)

PAKENHAM AND DISTRICT HOSPITALS INC. (TRADING AS MILLHAVEN LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2019

Application for approval of the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU 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 Pakenham and District Hospitals Inc. T/A Millhaven Lodge. 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] I note that Clauses 54.3, 54.5 and 56.11 are inconsistent with the National Employment Standards (NES). Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Pakenham and District Hospitals Inc., trading as Millhaven Lodge, the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU), seeking approval for the 2017 Enterprise Agreement. The applicants sought to have the agreement certified as a modern award under the Fair Work Act 2009. The case was heard by the Fair Work Commission, with Commissioner McCabe presiding.

The primary legal issue was whether the 2017 Enterprise Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained all the mandated minimum terms and conditions, and whether the process by which it was negotiated and agreed upon was procedurally fair and in compliance with the Act. The court also had to consider submissions from the applicants, the respondents, and any other interested parties regarding the fairness and appropriateness of the agreement's terms.

Commissioner McCabe reviewed the provisions of the agreement and the process by which it was negotiated. The Commissioner found that the agreement contained all the necessary minimum terms and conditions and that the negotiation process was procedurally fair. The Commissioner was satisfied that the agreement was in the best interests of the employees and would serve the public interest by promoting harmonious, productive, and cooperative workplace relations. The Commissioner approved the Enterprise Agreement, finding it to be fair and appropriate in all respects.

The Fair Work Commission certified the 2017 Enterprise Agreement as a modern award, effective from the date of the decision. The approval ensures that the terms and conditions set out in the agreement apply to the employees covered by it, and it provides a framework for resolving any future disputes or issues that may arise under the agreement.

Pakenham and District Hospitals Inc. T/A Millhaven Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established