DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke's Care T/A St Luke's Hospital
(AG2020/3254)

ST LUKE'S CARE TRADING AS ST LUKE'S HOSPITAL AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NSW BRANCH ENTERPRISE AGREEMENT 2020 – 2023

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 8 DECEMBER 2020

Application for approval of the St Luke's Care trading as St Luke's Hospital and Australian Nursing and Midwifery Federation NSW Branch Enterprise Agreement 2020 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the St Luke’s Care trading as St Luke’s Hospital and Australian Nursing and Midwifery Federation NSW Branch Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Luke’s Care T/A St Luke’s Hospital. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

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

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were St Luke's Care trading as St Luke's Hospital and the Australian Nursing and Midwifery Federation NSW Branch. The dispute centred on the application for approval of the Enterprise Agreement between the two parties for the period 2020-2023. The Fair Work Commission was the court that dealt with the matter.

The legal issues that the court had to decide were whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The court had to determine whether the agreement was appropriately negotiated and if it contained all the necessary provisions, including minimum terms and conditions, dispute resolution mechanisms, and the rights and obligations of both parties. Furthermore, the court had to assess if the agreement would have a positive impact on the employees' working conditions and if it was fair and reasonable.

The court found that the agreement met the legal requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement was appropriately negotiated, contained all the necessary provisions, and provided for minimum terms and conditions, dispute resolution mechanisms, and the rights and obligations of both parties. The court also concluded that the agreement would have a positive impact on the employees' working conditions, as it provided for fair and reasonable terms, including provisions for wage increases, improved working conditions, and the protection of employee rights. Therefore, the court approved the agreement.

St Luke's Care T/A St Luke's Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established