DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Perth Hospital Incorporated T/A South Perth Hospital
(AG2020/2909)

SOUTH PERTH HOSPITAL ENROLLED NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 21 OCTOBER 2020

Application for approval of the South Perth Hospital Enrolled Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the South Perth Hospital Enrolled Nurses Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by South Perth Hospital Incorporated T/A South Perth Hospital (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 October 2020.

[3] On 13 October 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 October 2020. The undertaking deals with the following topics:

• An employee taking carer's leave must notify the Employer as soon as practicable, which may be at a time after the leave has started.

• Clause 9.3(b) (Casual Employees) will not apply and is replaced with the following:

“All casual employees who work on a public holiday (as defined in Clause 22 - Public Holidays) will be paid:

(a)1.8 times their Ordinary rate; plus

(b) A casual loading of 25% of their Ordinary rate, for each hour worked.”

● In relation to the accrual of Time Off in Lieu (TOIL) (Clause 15.4), TOIL will be paid and accrued in line with the two examples provided in the undertaking.
● Any reference to "weekly wage rate" is replaced with "hourly rate" in Clause 10.1 (Wages).
● Clause 9.3(a) (Casual Employees) will not apply and is replaced with the following:

“A Casual Employee will be paid their Ordinary rate, plus 25% additional loading.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation and United Workers Union 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.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, South Perth Hospital Incorporated, trading as South Perth Hospital, sought approval of the South Perth Hospital Enrolled Nurses Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission. The key legal issue before the Commission was whether the proposed agreement was in compliance with the requirements of the Fair Work Act 2009, specifically whether the agreement met the minimum entitlements and included proper processes for employee representation and dispute resolution.

The Commission found that the agreement was compliant with the statutory minimum entitlements for enrolled nurses, including the mandated wage rates and conditions. The Commission also considered the provisions for employee representation and dispute resolution. It was noted that the agreement provided for the establishment of a committee to represent the enrolled nurses, which was in line with the legislative requirements. The Commission was satisfied that the dispute resolution process outlined in the agreement was fair and reasonable. Consequently, the Commission approved the agreement.

The decision highlights the importance of ensuring that enterprise agreements meet the minimum entitlements prescribed by statute and include appropriate mechanisms for employee representation and dispute resolution. The Commission's approval of the agreement demonstrates that, where these requirements are met, such agreements can be effectively implemented in the workplace.

South Perth Hospital Incorporated T/A South Perth Hospital

DECISION

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