DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Andrew’s Toowoomba Hospital
(AG2021/5687)

ST ANDREW’S TOOWOOMBA HOSPITAL AND ANMF-NURSES-ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 8 JULY 2021

Application for approval of the St Andrew’s Toowoomba Hospital and ANMF-Nurses-Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew’s Toowoomba Hospital and ANMF-Nurses-Enterprise Agreement 2020-2023 (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 Toowoomba Hospital. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] In accordance with s.201(2) of the Act, I note the Agreement covers ANMF.

[6] The Agreement is approved and will come into operation in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the St Andrew’s Toowoomba Hospital applied for approval of the ANMF-Nurses-Enterprise Agreement 2020-2023. The Australian Nursing and Midwifery Federation (ANMF) had reached an agreement with the hospital, which sought formal approval to ensure its enforceability and compliance with the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for nurses at the hospital, including wages, hours of work, leave provisions, and other employment-related matters. The case was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement was a bona fide enterprise agreement, if it had been made free from any prohibited content, and whether it complied with the procedural fairness requirements. The Commission also needed to consider whether the agreement provided for appropriate mechanisms for dispute resolution. Another key issue was whether the agreement contained appropriate protections for vulnerable employees, including those on lower wages or with less job security. These issues were crucial in determining the enforceability and fairness of the agreement.

The Fair Work Commission found that the agreement was a bona fide enterprise agreement made free from prohibited content. It confirmed that the agreement had been negotiated in good faith and that the process for reaching the agreement was fair and transparent. The Commission noted that the agreement contained appropriate provisions for dispute resolution and provided sufficient protections for vulnerable employees. The Commission concluded that the agreement met the necessary criteria for approval under the Fair Work Act. Accordingly, the Commission approved the ANMF-Nurses-Enterprise Agreement 2020-2023 for the St Andrew’s Toowoomba Hospital.

The Commission ordered that the agreement be registered with the Fair Work Commission, making it a legally enforceable enterprise agreement. This decision ensures that the terms and conditions of employment for nurses at the hospital are clearly defined and protected, providing a stable and fair working environment.

St Andrew’s Toowoomba Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established