DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pulse Health
(AG2015/3961)

FORSTER PRIVATE HOSPITAL AND THE NSWNMA/ANMF ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 AUGUST 2015

Application for approval of the Foster Private Hospital and the NSWNMA Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Forster Private Hospital and the NSWNMA/ANMF Enterprise Agreement 2015 – 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pulse Health Limited t/a Forster Private Hospital. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Kathryn Cutler, Human Resources & Quality Manager, Pulse Health Ltd. The written undertaking concerning Part 1, Schedule E; Part 2, subclauses 3.4(b), 4.1, 6.5(a), 7.1(b); and Part 3, subclauses 7.4(e) and 7.4(f) will be taken to be a term of the Agreement pursuant to s.191 of the Act. The Undertaking is attached to this decision.

[3] The New South Wales Nurses and Midwives’ Association & New South Wales Branch of the Australia Nursing and Midwifery Federation, 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) of the Act, I note that the Agreement covers the organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Pulse Health, which sought approval for the Foster Private Hospital and the NSWNMA Enterprise Agreement 2015-2018. The applicant's primary contention was that the agreement met the necessary criteria for approval under the relevant legislative framework. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The central legal issue revolved around whether the agreement adhered to the statutory requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely independent of any employer influence, whether it contained the requisite minimum terms and conditions, and if it was in the best interests of the employees it sought to cover. Additionally, the court had to consider if the agreement provided for adequate dispute resolution mechanisms.

The court meticulously examined the agreement, considering submissions from both the applicant and the relevant stakeholders. It assessed the independence of the bargaining process and the comprehensiveness of the terms and conditions. The court found that the agreement was genuinely independent and contained all the minimum terms and conditions required by law. Furthermore, it concluded that the agreement was in the best interests of the employees and provided for effective dispute resolution mechanisms. Based on these findings, the court approved the Foster Private Hospital and the NSWNMA Enterprise Agreement 2015-2018.

Pulse Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established