DECISION

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

St Vincents Private Hospital
(AG2015/2199)

ST VINCENT'S PRIVATE HOSPITAL NURSES' ENTERPRISE AGREEMENT 2014 - 2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 1 APRIL 2015

Application for approval of the St Vincent's Private Hospital Nurses' Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent's Private Hospital Nurses' Enterprise Agreement 2014-2017 (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 Private Hospital. The agreement is a single-enterprise agreement.

[2] 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.

[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 8 April 2015. The nominal expiry date of the Agreement is 1 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by St Vincent's Private Hospital for the approval of the St Vincent's Private Hospital Nurses' Enterprise Agreement 2014-2017. The application was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to resolve workplace disputes. The Fair Work Commission was required to determine whether the proposed agreement met the statutory requirements for approval and whether it was in the interests of the employees.

The legal issues before the Commission centred on whether the agreement was compliant with the Fair Work Act and whether it contained provisions that were fair and reasonable. Specifically, the Commission needed to assess if the agreement met the criteria for certification, including whether it covered a protected action industrial instrument, whether it had been made in good faith, and whether it contained provisions that were fair and reasonable in all respects. The Commission also had to consider whether the agreement adequately protected the rights and interests of the employees.

The Fair Work Commission found that the agreement was compliant with the statutory requirements for approval. The Commission concluded that the agreement was a protected action industrial instrument, had been made in good faith, and contained provisions that were fair and reasonable. The Commission was satisfied that the agreement met all the necessary criteria for certification and was in the interests of the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the St Vincent's Private Hospital Nurses' Enterprise Agreement 2014-2017, certifying it as a protected action industrial instrument. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the nurses at the hospital.

St Vincents Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established