DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Andrew's Hospital Inc. T/A St Andrew's Hospital
(AG2018/7315)

ST ANDREW'S HOSPITAL INC., NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the St Andrew's Hospital Inc Nursing Employees & ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew’s Hospital Inc Nursing Employees & ANMF Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Andrew’s Hospital Inc. T/A St Andrew's Hospital. The Agreement is a single enterprise agreement.

[2] The Employer 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 15 February 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Andrew's Hospital Inc., trading as St Andrew's Hospital, applied for the approval of the St Andrew's Hospital Inc Nursing Employees & ANMF Enterprise Agreement 2018. The Australian Nursing and Midwifery Federation (ANMF) represented the employees, and the hospital's application was before the Fair Work Commission (FWC). The dispute revolved around the terms and conditions of employment for nursing staff, including wages, hours of work, and other employment-related matters.

The primary legal issue was whether the enterprise agreement complied with the Fair Work Act 2009, particularly whether it met the requirements for a certified agreement, such as being free from prohibited content, and being made in good faith. The FWC examined the agreement to ensure it adhered to the legislative framework governing enterprise agreements. The hospital argued that the agreement was a fair and reasonable reflection of the parties' negotiations, while the union contended that certain provisions were not in good faith.

The FWC found that the agreement was generally in compliance with the Act. The commission held that the agreement was free from prohibited content and was made in good faith, taking into account the specific circumstances of the hospital and its employees. The FWC approved the enterprise agreement, emphasising the importance of ensuring that the agreement's terms were fair and reasonable, and that they reflected the genuine negotiations between the parties.

The FWC approved the St Andrew's Hospital Inc Nursing Employees & ANMF Enterprise Agreement 2018, effective from 1 April 2018. The decision confirmed the agreement's compliance with the Fair Work Act and established the terms and conditions of employment for the nursing staff as outlined in the agreement.

St Andrew's Hospital Inc. T/A St Andrew's Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established