DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel; the Australian Nursing and Midwifery Federation and the Health Services Union
(AG2019/3103)

ST CATHERINES HOSTEL WANGARATTA INC (TRADING AS ST CATHERINE’S HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 6 DECEMBER 2019

Application for approval of the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel, the Australian Nursing and Midwifery Federation and the Health Services Union. 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. The undertakings are taken to be a term of 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 Health Services Union of Australia and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the application for approval of the St Catherine's Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2017 was heard. The respondents, the Hostel and the unions, sought approval of the agreement under the Fair Work Act 2009. The dispute centred on the terms of the agreement, particularly those concerning the employees' working conditions, remuneration, and other employment-related matters.

The primary legal issue before the court was whether the terms of the agreement were fair and reasonable, as required by section 234 of the Fair Work Act. This required a consideration of the agreement's compliance with the relevant legislative and regulatory framework, as well as its fairness in terms of the balance of power between the employer and the employees. The court also had to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, particularly in relation to the representation rights of the unions.

The court found that the agreement met the statutory requirements for approval. It was determined that the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. The court considered the evidence provided by both parties, including submissions on the agreement's compliance with the law and its overall fairness. The agreement was found to adequately address the working conditions, remuneration, and other employment-related matters in a manner that was fair and balanced. The court also confirmed that the agreement was consistent with the requirements of the Fair Work (Registered Organisations) Act, ensuring the unions' representation rights were protected.

The final orders of the court were to approve the St Catherine’s Hostel Wangaratta Inc, ANMF and HSU Enterprise Agreement 2017 as a registered agreement under section 177 of the Fair Work Act. This decision provided certainty and stability to the parties involved, ensuring the agreement could be implemented as intended.

St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel; the Australian Nursing and Midwifery Federation and the Health Services Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established