DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Hawkesbury District Health Campus Ltd
(AG2017/3182)

ST JOHN OF GOD HEALTH CARE HAWKESBURY DISTRICT HEALTH SERVICE AND NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION / ANMF NSW BRANCH NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 18 OCTOBER 2017

Application for approval of the St John of God Health Care Hawkesbury District Health Service and New South Wales Nurses and Midwives’ Association / ANMF NSW Branch Nursing and Midwifery Enterprise Agreement 2017.

[1] On 28 July 2017 St John of God Hawkesbury District Health Campus Ltd (Applicant) made an application for approval of the St John of God Health Care Hawkesbury District Health Service and New South Wales Nurses and Midwives’ Association / ANMF NSW Branch Nursing and Midwifery Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 October 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, St John of God Hawkesbury District Health Campus Ltd, applied to the Fair Work Commission for the approval of a nursing and midwifery enterprise agreement. The respondent, New South Wales Nurses and Midwives’ Association / ANMF NSW Branch, opposed the application. The dispute was heard in the Fair Work Commission, an Australian federal statutory body. The central issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically in terms of procedural fairness, and whether the agreement could be approved under section 233 of the Act.

The commission considered various factors in making its decision. Firstly, the commission evaluated whether the applicant had met the requirements for procedural fairness, including whether there had been genuine consultation with the respondent, and if the agreement had been made in good faith. Secondly, the commission assessed whether the agreement contained all the mandatory terms and conditions required by the Act, and if it adhered to the relevant provisions regarding pay and conditions. After examining the evidence and submissions from both parties, the commission found that the applicant had generally complied with the procedural fairness requirements and that the agreement contained all the mandatory terms and conditions.

Following its analysis, the commission approved the proposed nursing and midwifery enterprise agreement. The commission was satisfied that the applicant had met the necessary procedural requirements, and that the agreement complied with the Fair Work Act. The commission also found that the agreement was in the best interests of the employees and the employer, and that it provided for a fair and reasonable resolution of the dispute. The commission's decision was based on the evidence and submissions presented by both parties, and the commission's assessment of the agreement's compliance with the relevant provisions of the Act.

St John of God Hawkesbury District Health Campus Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established