ST JOHN OF GOD HEALTHCARE NSW HOSPITALS AND NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION / ANMF- NSW BRANCH, NURSES ENTERPRISE AGREEMENT 2014

[2014] FWC 5302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Hospital Burwood
(AG2014/1644)

ST JOHN OF GOD HEALTHCARE NSW HOSPITALS AND NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION / ANMF- NSW BRANCH, NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services

DEPUTY PRESIDENT BOOTH

SYDNEY, 5 AUGUST 2014

St John of God Healthcare NSW Hospitals and New South Wales Nurses and Midwives’ Association / ANMF - NSW Branch, Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Healthcare NSW Hospitals and New South Wales Nurses and Midwives’ Association / ANMF - NSW Branch, Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John of God Health Care Inc T/A St John of God Hospital Burwood. The agreement is a single-enterprise agreement.

[2] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between St John of God Healthcare NSW Hospitals and the New South Wales Nurses and Midwives’ Association (ANMF - NSW Branch) was brought before the Fair Work Commission. The central issue was the interpretation and application of the Nurses Enterprise Agreement 2014, which governs the employment conditions of nurses employed by the hospital. The Association challenged certain practices of the hospital regarding the allocation of shifts and rostering, asserting that these practices contravened the terms of the enterprise agreement.

The primary legal issue for the Commission to resolve was whether the hospital had complied with the agreed procedures for rostering and shift allocation as stipulated in the enterprise agreement. The Association argued that the hospital had deviated from the agreed processes, resulting in rosters that did not fairly reflect the agreed shift patterns and entitlements. The hospital, on the other hand, contended that its rostering practices were consistent with the agreement and were necessary to meet the operational needs of the hospital.

The Commission examined the terms of the enterprise agreement and the evidence presented by both parties. It found that while the hospital had some flexibility in its rostering practices, it had not followed the agreed procedures as required by the agreement. The Commission concluded that the hospital's practices had not only deviated from the agreed processes but had also resulted in rosters that unfairly disadvantaged some nurses. Consequently, the Commission ruled that the hospital had breached the enterprise agreement. The Commission ordered the hospital to rectify its rostering practices to ensure compliance with the agreement and to provide affected nurses with appropriate compensation for the breaches.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established