DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Of God Health Care Inc T/A St John of God Health Care
(AG2019/3852)

ST JOHN OF GOD HEALTH CARE NSW HOSPITALS AND NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION / ANMF – NSW BRANCH, NURSES 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 NSW Hospitals and New South Wales Nurses and Midwives’ Association / ANMF - NSW Branch, Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care NSW Hospitals and New South Wales Nurses and Midwives’ Association / ANMF - NSW Branch, Nurses 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 NSW Branch 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

The parties involved in this application were St John Of God Health Care Inc T/A St John of God Health Care and the New South Wales Nurses and Midwives’ Association/ANMF - NSW Branch. The dispute centred on the approval of the Nurses Enterprise Agreement 2019 between the parties. The court hearing took place in the Industrial Court of New South Wales.

The legal issues that the court needed to address involved the fairness of the terms and conditions outlined in the proposed agreement. The court had to determine whether the agreement was genuinely negotiated, free from coercion and whether it met the criteria for approval under the relevant industrial legislation. Additionally, the court examined whether the agreement provided adequate protections and benefits for the nurses, and whether it complied with the statutory requirements.

In reaching its decision, the court considered the submissions from both parties and analysed the content of the agreement in detail. The court found that the agreement was genuinely negotiated and free from any undue influence or coercion. It determined that the agreement provided fair and reasonable terms for the nurses, and that it complied with the statutory requirements. The court also found that the agreement met the criteria for approval under the relevant industrial legislation.

As a result of the court's decision, the 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 2019 was successful. The court granted the approval, allowing the agreement to take effect and providing certainty for the parties involved.

St John Of God Health Care Inc T/A St John of God Health Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established