St Vincents & Mater Health Sydney Limited

[2013] FWCA 412

FAIR WORK COMMISSION

DECISION

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

St Vincents & Mater Health Sydney Limited
(AG2012/13197)

MATER HOSPITAL NORTH SYDNEY AND NSWNMA/ANF - NSW BRANCH NURSES' AND MIDWIVES' ENTERPRISE AGREEMENT 2012 - 2014

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 17 JANUARY 2013

Application for approval of the Mater Hospital North Sydney and NSWNMA/ANF - NSW Branch Nurses' and Midwives' Enterprise Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mater Hospital North Sydney and NSWNMA/ANF - NSW Branch Nurses’ and Midwives’ Enterprise Agreement 2012 - 2014 (“the Agreement”). The application has been made by St Vincents & Mater Health Sydney Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The New South Wales Nurses and Midwives’ Association (“NSWNMA”) and the Australian Nursing Federation - New South Wales Branch (“ANF”) concur with the content of the undertakings. The NSWNMA and ANF have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2014.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincents & Mater Health Sydney Limited (SVMH) applied for the approval of a nurses' and midwives' enterprise agreement. The applicant sought to have the Mater Hospital North Sydney and NSWNMA/ANF - NSW Branch Nurses' and Midwives' Enterprise Agreement 2012 - 2014 approved by the Fair Work Commission (FWC). The applicant argued that the agreement was appropriate for the operation of the hospital and for the protection of the rights and interests of the employees. The FWC was required to determine whether the agreement was appropriate for the operation of the hospital and for the protection of the rights and interests of the employees. The FWC also needed to consider whether the agreement complied with the Fair Work Act 2009 (Cth).
The FWC found that the agreement was appropriate for the operation of the hospital and for the protection of the rights and interests of the employees. The FWC considered that the agreement was fair and reasonable and did not undermine the public interest. The FWC also found that the agreement complied with the Fair Work Act. The FWC approved the agreement and noted that it would commence on 1 January 2013. The FWC further noted that the agreement would be registered as a registered agreement under the Fair Work Act.

The FWC approved the Mater Hospital North Sydney and NSWNMA/ANF - NSW Branch Nurses' and Midwives' Enterprise Agreement 2012 - 2014. The FWC found that the agreement was appropriate for the operation of the hospital and for the protection of the rights and interests of the employees. The FWC also found that the agreement complied with the Fair Work Act. The FWC approved the agreement and noted that it would commence on 1 January 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established