DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Hawkesbury District Health Campus Ltd T/A St John of God Hawkesbury District Health Service
(AG2019/3840)

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 2019

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 NOVEMBER 2019

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 2019.

[1] An application has been made for approval of an enterprise agreement known as 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 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 December 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John of God Hawkesbury District Health Campus Ltd, trading as St John of God Hawkesbury District Health Service, brought an application to the Fair Work Commission for approval of the enterprise agreement negotiated between the health service and the New South Wales Nurses and Midwives’ Association / ANMF NSW Branch. The dispute arose over the terms and conditions of employment for nurses and midwives within the organisation. The Commission, presided over by Commissioner O’Brien, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was a "simplified bargaining agreement" as defined by the Fair Work Act. The health service argued that the agreement should be approved as it complied with all necessary provisions. The union, on the other hand, contended that certain terms were unfair and did not meet the statutory criteria for approval. The Commission had to consider whether the agreement was made in good faith, provided for a streamlined bargaining process, and included terms that were not inconsistent with the Act.

The Commission found that the agreement was indeed a simplified bargaining agreement, as it adhered to the legislative requirements and was made in good faith. The terms and conditions were deemed to be fair and reasonable, and no provisions were found to be inconsistent with the Act. Commissioner O’Brien concluded that the agreement provided for the best possible outcome in the circumstances, taking into account the need for flexibility in the workplace and the interests of both parties. The application was thus approved, and the agreement was registered.

The final orders of the Commission were that the enterprise agreement between St John of God Hawkesbury District Health Campus Ltd and the New South Wales Nurses and Midwives’ Association / ANMF NSW Branch be approved and registered under the Fair Work Act. The agreement was to come into effect from the date of the decision and would govern the employment terms and conditions of the nurses and midwives within the organisation until such time as a new agreement was negotiated or the existing one was terminated.

St John of God Hawkesbury District Health Campus Ltd T/A St John of God Hawkesbury District Health Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established