South Perth Hospital Inc T/A South Perth Hospital Summary

[2024] FWCA 4516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Perth Hospital Inc T/A South Perth Hospital

(AG2024/4489)

SOUTH PERTH HOSPITAL ENROLLED NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 16 DECEMBER 2024

Application for approval of the South Perth Hospital Enrolled Nurses Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the South Perth Hospital Enrolled Nurses Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Perth Hospital Inc T/A South Perth Hospital. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing Federation Industrial Union of Workers Perth (ANMF WA Branch) and United Workers’ Union both being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 23 December 2024. The nominal expiry date of the Agreement is 16 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the South Perth Hospital Inc T/A South Perth Hospital applied for approval of the South Perth Hospital Enrolled Nurses Enterprise Agreement 2024. The application was brought before the Fair Work Commission, and the parties involved were the hospital, acting as the employer, and the enrolled nurses who were the employees. The dispute centred on whether the proposed agreement met all the necessary legal requirements for approval under the Fair Work Act 2009.

The key legal issues the court needed to address were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court had to verify if the agreement was made in good faith, whether the appropriate bargaining representatives were involved, and if the agreement was the product of genuine negotiations. Substantively, the court examined if the terms of the agreement adhered to the provisions of the Fair Work Act, including the minimum entitlements and other mandatory conditions that must be met.

The Fair Work Commission found that the agreement had been made in good faith and was the result of genuine negotiations. The court also determined that the agreement met all the necessary procedural requirements. Furthermore, the court confirmed that the agreement provided for all the minimum entitlements and adhered to the mandatory conditions stipulated in the Fair Work Act. Consequently, the court approved the agreement.

The Fair Work Commission approved the South Perth Hospital Enrolled Nurses Enterprise Agreement 2024, confirming its compliance with the Fair Work Act. The decision was based on the evidence provided by the hospital and the enrolled nurses that the agreement was the result of genuine negotiations and met all procedural and substantive requirements.

South Perth Hospital Inc T/A South Perth Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established