DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Perth Hospital Incorporated T/A South Perth Hospital
(AG2019/3420)

SOUTH PERTH HOSPITAL REGISTERED NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 24 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the South Perth Hospital Registered Nurses Enterprise Agreement 2019 (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 Incorporated T/A South Perth Hospital. The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the South Perth Hospital Incorporated, trading as South Perth Hospital, for approval of the South Perth Hospital Registered Nurses Enterprise Agreement 2019. The application was brought under section 235 of the Fair Work Act 2009, with the primary contention being whether the agreement met the requirements of the Act, particularly concerning its impact on the nurses' working conditions and the hospital's operational needs.

The legal issues at the heart of the case included whether the proposed agreement adequately balanced the interests of the hospital and the nurses, whether it complied with the good faith bargaining obligations, and if it provided for fair and reasonable terms and conditions of employment. The hospital argued that the agreement was necessary to ensure the hospital could maintain operational efficiency and financial viability, while the nurses contended that the agreement did not sufficiently protect their working conditions and entitlements.

The Commission found that the agreement, while presenting some challenges, ultimately achieved a fair and reasonable balance between the interests of the parties. The decision hinged on the conclusion that the agreement did not unjustifiably compromise the nurses' rights and was necessary for the hospital's operational efficiency. The Commission approved the agreement on the basis that it complied with the requirements of the Act and provided for fair and reasonable terms and conditions of employment.

The final orders of the Commission included the approval of the South Perth Hospital Registered Nurses Enterprise Agreement 2019, with certain conditions attached to ensure ongoing compliance with the Fair Work Act and the protection of the nurses' rights. The hospital was directed to implement the agreement and to adhere to the terms and conditions set forth therein, while also maintaining ongoing communication and consultation with the nurses to ensure the agreement's effective operation.

South Perth Hospital Incorporated T/A South Perth Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established