DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Andrew's Hospital Inc
(AG2015/4199)

ST ANDREW'S HOSPITAL INC., NURSING EMPLOYEES (EXCLUDING THEATRE AND PROCEDURAL AREAS) & ANMF ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 11 AUGUST 2015

Application for approval of the St Andrew's Hospital Inc., Nursing Employees (Excluding Theatre and Procedural Areas) & ANMF Enterprise Agreement 2015

[1] An application has been made for approval of an enterprise agreement known as the St Andrew's Hospital Inc., Nursing Employees (Excluding Theatre and Procedural Areas) & ANMF Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Andrew’s Hospital Inc. The Agreement is a single-enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation – South Australian Branch, 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) of the Act 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 18August 2015. The nominal expiry date of the Agreement is 10 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved St Andrew's Hospital Inc. and the Australian Nursing and Midwifery Federation (ANMF), seeking approval for a specific enterprise agreement. The agreement in question pertains to nursing staff within the hospital, excluding those in theatre and procedural areas. The dispute was heard and resolved in the Fair Work Commission, a tribunal with jurisdiction over employment matters in Australia.

The central legal issues revolved around whether the proposed enterprise agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. This included assessing whether the agreement contained all the mandated terms and conditions, whether it was free from prohibited content, and if it adhered to procedural requirements such as proper consultation and notice provisions. Another significant issue was whether the agreement was made in good faith, a fundamental requirement under the Act.

The Commission found that the agreement was largely compliant with the statutory requirements. It contained all necessary terms and conditions, was free from prohibited content, and met the procedural prerequisites. The Commission also concluded that the agreement was made in good faith, considering the evidence of consultation and negotiation processes. Based on these findings, the Commission approved the agreement, acknowledging the balance it struck between the interests of the employer and the employees.

The Fair Work Commission approved the St Andrew's Hospital Inc., Nursing Employees (Excluding Theatre and Procedural Areas) & ANMF Enterprise Agreement 2015. The decision effectively formalised the terms and conditions governing the employment of nursing staff, excluding those in specific areas, within the hospital. The approval was contingent upon the continued adherence to the terms of the agreement by both parties.

St Andrew's Hospital Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established