DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Perth Hospital Incorporated T/A South Perth Hospital
(AG2016/2244)

SOUTH PERTH HOSPITAL REGISTERED NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2016

Application for approval of the South Perth Hospital Registered Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the South Perth Hospital Registered Nurses Enterprise Agreement 2015 (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] The Applicant 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.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2016. The nominal expiry date of the Agreement is 14 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE418109 PR577701

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, South Perth Hospital Incorporated trading as South Perth Hospital, the applicant, faced a dispute regarding the approval of the South Perth Hospital Registered Nurses Enterprise Agreement 2015. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address included whether the agreement was a genuine enterprise agreement, whether it contained the requisite minimum terms and conditions as outlined in the Fair Work Act, and whether the process through which the agreement was negotiated and agreed upon was compliant with the legislative requirements. Furthermore, the Commission had to assess if the agreement adequately covered the designated bargaining unit and if it was negotiated in good faith.

In its decision, the Commission meticulously examined the procedural and substantive aspects of the agreement. It found that the agreement was indeed a genuine enterprise agreement that met the criteria set out in the legislation. The Commission noted that the agreement contained the required minimum terms and conditions and was negotiated in good faith. The process followed to reach the agreement was deemed to be compliant with the legislative requirements. Consequently, the Commission approved the South Perth Hospital Registered Nurses Enterprise Agreement 2015.

The final orders included the approval of the agreement, effective from the date of the decision, and mandated that the agreement be registered with the Fair Work Commission. The hospital was also required to implement the terms of the agreement and ensure compliance with its provisions.

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