DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stirling Hospital Inc T/A Stirling Hospital
(AG2018/399)

STIRLING HOSPITAL INC NURSING EMPLOYEES ANMF ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 18 MAY 2018

Application for approval of the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stirling Hospital Inc. T/A Stirling Hospital. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 25 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stirling Hospital Inc T/A Stirling Hospital is before the Fair Work Commission, with the Australian Nursing and Midwifery Federation acting as the representative for the nursing employees. The dispute centres on the approval of the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2017. The hospital sought approval of the agreement under section 231 of the Fair Work Act 2009, arguing that the agreement should be certified as a simple, low-risk, and in the best interests of the employees. The union contested the application, raising concerns about the adequacy of the agreement in addressing the needs and rights of the nursing staff.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act. This included determining if the agreement was a single, integrated document; whether it was a genuine enterprise agreement; and if it was in the best interests of the employees. The Commission had to consider whether the agreement provided adequate protections for the employees, including terms and conditions of employment, and whether the process leading to the agreement was fair and transparent. The hospital argued that the agreement was comprehensive and had been negotiated in good faith, while the union argued that certain provisions did not adequately protect the employees' rights and interests.

The Commission found that the agreement was a single, integrated document and was a genuine enterprise agreement. The Commission noted that the agreement had been negotiated in good faith and that the process was transparent. However, the Commission made several orders to address the union's concerns. These included modifications to the agreement to better protect the employees' rights, such as changes to shift penalties and the inclusion of a clause for the provision of meal and rest breaks. The Commission was satisfied that, with these modifications, the agreement was in the best interests of the employees.

The Fair Work Commission approved the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2017, with modifications. The hospital was directed to implement the changes to the agreement to ensure it met the statutory requirements and adequately protected the employees' rights and interests.

Stirling Hospital Inc T/A Stirling Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established