DECISION

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

St Andrew's Hospital Inc
(AG2015/4198)

ST ANDREW'S HOSPITAL INC., NURSING EMPLOYEES 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 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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of St Andrew's Hospital Inc, the Full Bench of the Fair Work Commission was tasked with approving a new enterprise agreement between the hospital and the Australian Nursing and Midwifery Federation (ANMF). The agreement, referred to as the St Andrew's Hospital Inc., Nursing Employees Theatre and Procedural Areas & ANMF Enterprise Agreement 2015, was the subject of an application for approval by the hospital. The agreement aimed to set out the terms and conditions of employment for nursing employees working in the hospital's theatre and procedural areas. The court was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was a "good faith" agreement, whether it contained the "minimum terms" as required by the Fair Work Act, and whether it was consistent with the "better off overall test". The court also needed to consider whether the agreement had been negotiated in good faith and whether it complied with the relevant provisions of the Fair Work Act and regulations. These issues were critical in determining whether the agreement should be approved and registered, thus becoming a legally binding contract between the hospital and the ANMF.

In reaching its decision, the Full Bench of the Fair Work Commission considered the evidence and submissions presented by both parties. The court found that the agreement had been negotiated in good faith and contained the minimum terms required by the Fair Work Act. The court also determined that the agreement was consistent with the better off overall test, meaning that the nursing employees would be better off with the agreement than without it. The court concluded that the agreement met all the necessary criteria for approval and should be registered. Consequently, the agreement was approved, and the hospital and the ANMF are now bound by its terms.

The final orders of the court included the approval and registration of the St Andrew's Hospital Inc., Nursing Employees Theatre and Procedural Areas & ANMF Enterprise Agreement 2015. The agreement is now a legally binding contract between the hospital and the ANMF, setting out the terms and conditions of employment for nursing employees working in the hospital's theatre and procedural areas. The approval of the agreement ensures that both parties are bound by its provisions, promoting a fair and harmonious working relationship in the hospital.

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