DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke's Care T/A St Luke’s Hospital
(AG2018/3529)

ST LUKE'S CARE TRADING AS ST LUKE'S HOSPITAL AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NSW BRANCH ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

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 2018-2020.

[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 2018-2020 (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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. 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 Luke's Care trading as St Luke's Hospital applied to the Fair Work Commission for the approval of the St Luke's Care T/A St Luke's Hospital and Australian Nursing and Midwifery Federation NSW Branch Enterprise Agreement 2018-2020. The Australian Nursing and Midwifery Federation NSW Branch, as the registered union for the employees, sought approval for the enterprise agreement. The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009 and aligned with the principles of the Fair Work system. The Commission considered whether the agreement provided for fair and efficient workplace relations and whether it included minimum entitlements and protections as stipulated by the Act.

In its decision, the Commission examined the provisions of the proposed agreement, ensuring that they were not contrary to the public interest or detrimental to the employees. The Commission also assessed whether the agreement contained minimum terms and conditions, including pay rates, leave entitlements, and other working conditions. Furthermore, the Commission evaluated the process by which the agreement was negotiated and whether it complied with the legal requirements for good faith bargaining. After thorough consideration, the Commission determined that the enterprise agreement was compliant with the relevant legal standards and met the necessary criteria for approval.

The Commission approved the enterprise agreement, confirming that it was consistent with the objectives of the Fair Work Act and did not undermine the rights and protections of the employees. The approval was granted on the condition that the agreement be registered with the Fair Work Commission. The decision underscores the importance of ensuring that enterprise agreements adhere to the legislative framework and support fair workplace practices. The final orders included the approval of the enterprise agreement, subject to its registration, and the setting aside of any previous orders that were inconsistent with the decision.

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