Sonari Pty Ltd Summary

[2013] FWCA 8900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sonari Pty Ltd
(AG2013/10839)

METROPOLITAN REHABILITATION HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2013-2015

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Metropolitan Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Metropolitan Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sonari Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Denise Thomas, General Manager, Metropolitan Rehabilitation Hospital, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clauses 8.13, 11.1, 15.4, 23.3, 26, 27 and 41.10 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[3] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, NSW Branch, 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 these 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 19 November 2013. The nominal expiry date of the Agreement is 1 September 2015.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sonari Pty Ltd applied to the Fair Work Commission for approval of the Metropolitan Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2013-2015. The application was contested by the New South Wales Nurses and Midwives' Association. The dispute before the Commission centred on the proper interpretation and application of various provisions within the Fair Work Act 2009, particularly regarding the approval of the enterprise agreement. The key legal issues were whether the agreement complied with the procedural requirements set out in the Act and whether it met the standards for good faith bargaining and public interest considerations.

The Commission examined whether the agreement was made in good faith and whether it contained provisions that were contrary to the public interest. In reaching its decision, the Commission considered the submissions and evidence from both parties and the broader context of the enterprise agreement. The Commission found that the agreement was made in good faith and did not contain any provisions that were contrary to the public interest. The Commission approved the agreement, emphasising the importance of balancing the rights of employers and employees while ensuring compliance with legislative requirements.

The Fair Work Commission approved the Metropolitan Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2013-2015, finding it to be in compliance with the Fair Work Act 2009. The decision underscored the importance of adhering to the legislative framework while facilitating agreements that reflect the interests of both employers and employees. This approval allows the agreement to come into effect, providing a framework for employment conditions within the hospital for the specified period.

Sonari Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established