DECISION

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

Stirling Hospital Ltd
(AG2015/598)

STIRLING HOSPITAL INC NURSING EMPLOYEES ANMF ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 26 MARCH 2015

Application for approval of the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Stirling Hospital Ltd. 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 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation – South Australian Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stirling Hospital Ltd, represented by its board, sought approval for the Nursing Employees ANMF Enterprise Agreement 2014. The dispute arose between the hospital and the Australian Nursing and Midwifery Federation (ANMF), representing the hospital's nursing staff. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the terms and conditions of employment, including wages and other terms and conditions, fairly and efficiently.

The Commission examined various aspects of the agreement, including whether it contained terms that were inconsistent with or not covered by the relevant award or safety net, whether it provided for appropriate flexibility and productivity measures, and whether it ensured that the bargaining process was genuinely free from coercion and undue influence. The Commission concluded that the agreement was generally fair and balanced, taking into account the specific needs and conditions of the nursing staff at Stirling Hospital. The agreement was approved on the condition that certain modifications were made to address minor deficiencies. These modifications related primarily to clarifications and improvements in the language of the agreement to ensure greater precision and clarity in certain provisions.

The Commission ordered that the agreement be approved with the specified modifications. The hospital and the ANMF were directed to implement the agreed-upon changes within a stipulated timeframe. The decision was made with the understanding that the modified agreement would better serve the interests of both the hospital and its nursing staff, ensuring that the terms and conditions of employment were fair and equitable.

Stirling Hospital Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established