DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPORTSMED SA Hospitals Pty Ltd
(AG2015/7491)

SPORTSMED.SA HOSPITALS PTY. LTD NURSING EMPLOYEES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the SPORTSMED.SA Hospitals Pty. Ltd Nursing Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SPORTSMED.SA Hospitals Pty. Ltd Nursing Employees 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 SPORTSMED SA Hospitals Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SPORTSMED SA Hospitals Pty Ltd was the applicant in this matter before the Fair Work Commission, seeking approval of the Nursing Employees Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for nursing staff employed by the company. The legal issues before the Commission centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly in relation to the provision of adequate protections for the employees and compliance with the requirements for fair and reasonable terms and conditions of employment. The Commission needed to consider whether the agreement was appropriately certified as a simple, low-paid, or certified agreement, and whether it contained necessary protections for employees, including minimum wage rates, leave entitlements, and other terms that ensure fair and reasonable working conditions.

In examining the agreement, the Commission took into account various factors, including the bargaining process leading to the agreement, the nature of the agreement, and the specific terms it contained. The Commission found that the agreement was appropriately certified as a simple agreement and satisfied the necessary criteria for approval. It contained provisions that ensured fair and reasonable terms and conditions of employment, including provisions for minimum wage rates, leave entitlements, and other benefits. The Commission also noted that the agreement had been negotiated in good faith and that it was appropriate for the particular workforce involved. The Commission concluded that the agreement met the necessary standards for approval under the Fair Work Act 2009.

As a result, the Fair Work Commission approved the Nursing Employees Enterprise Agreement 2015. The decision confirmed that the agreement provided adequate protections for the employees and complied with the requirements for fair and reasonable terms and conditions of employment. The approval of the agreement ensured that the nursing staff employed by SPORTSMED SA Hospitals Pty Ltd would be covered by the terms and conditions set out in the agreement, providing them with certainty and stability in their employment.

SPORTSMED SA Hospitals Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established