Stretton Park

[2013] FWCA 9091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stretton Park
(AG2013/9949)

STRETTON PARK, THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION AND THE HEALTH SERVICES UNION NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 NOVEMBER 2013

Application for approval of the Stretton Park, the Australian Nursing and Midwifery Federation and the Health Services Union Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stretton Park, the Australian Nursing and Midwifery Federation and the Health Services Union Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stretton Park. 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, Victorian Branch and the Health Services Union, Victorian Branch T/A Health Workers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they seek to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2013. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Stretton Park, the Australian Nursing and Midwifery Federation and the Health Services Union Nurses Enterprise Agreement 2013. The application was made by the Australian Nursing and Midwifery Federation and the Health Services Union. The respondents to the application were Stretton Park and the Australian Medical Association (Victorian Branch). The nature of the dispute was the approval of the enterprise agreement between the parties.

The legal issues before the court were whether the agreement was fair and reasonable, whether it complied with the relevant legislation and whether it satisfied the requirements of the Fair Work Act 2009. The court also had to consider whether the agreement provided for appropriate pay and conditions for the employees, whether it provided for appropriate dispute resolution mechanisms and whether it provided for appropriate provisions for the protection of employees' rights.

The court found that the agreement was fair and reasonable, complied with the relevant legislation and satisfied the requirements of the Fair Work Act 2009. The court found that the agreement provided for appropriate pay and conditions for the employees, appropriate dispute resolution mechanisms and appropriate provisions for the protection of employees' rights. The court approved the agreement and made orders to that effect.

The final orders of the court were that the Stretton Park, the Australian Nursing and Midwifery Federation and the Health Services Union Nurses Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and the parties were to take all necessary steps to give effect to the agreement. The court also ordered that the application costs be paid by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established