DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2017/1167)

ST JOHN OF GOD HEALTH CARE NSW HOSPITALS AND NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION/ANMF - NSW BRANCH, NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 19 APRIL 2017

Application for approval of the St John of God Health Care NSW Hospitals and New South Wales Nurses and Midwives’ Association/ANMF - NSW Branch, Nurses Enterprise Agreement 2016.

[1] On 5 April 2017 St John of God Health Care Inc (Applicant) made an application for approval of the St John of God Health Care NSW Hospitals and New South Wales Nurses and Midwives’ Association/ANMF - NSW Branch, Nurses Enterprise Agreement 2016 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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 26 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, St John of God Health Care Inc applied for the approval of a new enterprise agreement with the New South Wales Nurses and Midwives’ Association/ANMF - NSW Branch. The dispute centred around the terms and conditions of employment for nurses within St John of God Health Care Inc's facilities in New South Wales. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement provided for the minimum entitlements as stipulated by the Act, whether it had been fairly negotiated, and whether it complied with the good faith bargaining requirements. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees and the organisation.

The Commission found that the proposed agreement provided for minimum entitlements and had been fairly negotiated in good faith. It concluded that the agreement was in the best interests of the employees and the organisation. Consequently, the Commission approved the St John of God Health Care NSW Hospitals and New South Wales Nurses and Midwives’ Association/ANMF - NSW Branch, Nurses Enterprise Agreement 2016, deeming it to be a valid and binding agreement between the parties. The decision was made in accordance with the relevant provisions of the Fair Work Act 2009.

St John of God Health Care Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established