DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Vincents and Mater Health Sydney Limited T/A Mater Hospital
(AG2015/2547)

MATER HOSPITAL NORTH SYDNEY NURSES' AND MIDWIVES' ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 JUNE 2015

Application for approval of the Mater Hospital North Sydney Nurses' and Midwives' Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mater Hospital North Sydney Nurses' and Midwives' 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 Vincents and Mater Health Sydney Limited. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The New South Wales Nurses and Midwives’ Association and the New South Wales Branch of the Australian Nursing and Midwifery Federation, 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 these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

St Vincents and Mater Health Sydney Limited, trading as Mater Hospital, applied to the Fair Work Commission for approval of the Mater Hospital North Sydney Nurses' and Midwives' Enterprise Agreement 2014. The application was opposed by the Australian Nursing and Midwifery Federation. The nature of the dispute centred on various terms and conditions outlined within the enterprise agreement, specifically those pertaining to nurses' and midwives' employment, including pay rates, hours of work, and other employment-related matters.

The legal issues before the court required careful consideration of whether the terms and conditions proposed in the enterprise agreement were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009. The court had to assess if the agreement met the criteria for being a "low paid" or "low paid and difficult working conditions" agreement, as defined by the Act, and whether it provided for fair and reasonable terms and conditions.

The Fair Work Commission, in delivering its decision, meticulously examined the evidence presented by both parties. It considered the economic and operational context in which the agreement was negotiated and the specific conditions faced by nurses and midwives. The Commission found that the agreement was fair and reasonable, taking into account the unique challenges and demands of the nursing and midwifery professions. It also determined that the agreement met the necessary criteria under the Fair Work Act, thus approving the enterprise agreement.

As a result of the court's decision, the Mater Hospital North Sydney Nurses' and Midwives' Enterprise Agreement 2014 was approved, and the terms and conditions set out within it became legally binding for the parties involved. The court's ruling ensured that the agreement provided fair and reasonable terms for the employees while also considering the operational needs of the hospital.

St Vincents and Mater Health Sydney Limited T/A Mater Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established