South Perth Hospital Inc T/A South Perth Hospital

[2023] FWCA 1548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Perth Hospital Inc T/A South Perth Hospital

(AG2023/1311)

SOUTH PERTH HOSPITAL REGISTERED NURSES ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 30 MAY 2023

Application for approval of the South Perth Hospital Registered Nurses Enterprise Agreement 2022

South Perth Hospital Inc T/A South Perth Hospital has applied for approval of a single enterprise agreement known as the South Perth Hospital Registered Nurses Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 6 June 2023. The nominal expiry date of the Agreement is 30 May 2026.

The Agreement covers the Australian Nursing and Midwifery Federation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by South Perth Hospital Inc T/A South Perth Hospital for the approval of the South Perth Hospital Registered Nurses Enterprise Agreement 2022. The dispute arose from negotiations between the hospital and the registered nurses, represented by the Health Services Union of Australia, regarding terms and conditions of employment. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission involved the compliance of the agreement with the statutory minimum terms and conditions, as well as whether the agreement was made in good faith and followed proper bargaining processes. The Commission examined if the agreement adequately covered essential matters, provided for minimum rates of pay, and allowed for proper dispute resolution mechanisms. Additionally, the Commission considered whether the agreement was certified by a certified agreement or contained an individual flexibility arrangement.

The Fair Work Commission found that the agreement complied with the statutory requirements and was made in good faith. The Commission confirmed that the agreement covered all essential matters, provided for minimum rates of pay, and included appropriate dispute resolution processes. The Commission also noted that the agreement was negotiated through a process that met the statutory criteria for good faith bargaining. Consequently, the Commission approved the South Perth Hospital Registered Nurses Enterprise Agreement 2022, effective from the date of its decision.

In light of the approval, the Fair Work Commission issued orders confirming the validity of the agreement and mandating its implementation by the parties. The agreement was to be registered with the Fair Work Ombudsman, and the Commission directed that all necessary steps be taken to ensure its compliance and enforcement. The decision effectively resolved the dispute and provided a clear framework for the terms and conditions of employment for registered nurses at the hospital.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established