Sunshine Private Pty Ltd

[2022] FWCA 3521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sunshine Private Pty Ltd

(AG2022/4122)

Sunshine Private Pty Ltd Nurses’ Agreement 2021-2025

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 11 OCTOBER 2022

Application for approval of the Sunshine Private Pty Ltd Nurses' Agreement 2021-2025

An application has been made for approval of a greenfields agreement known as the Sunshine Private Pty Ltd Nurses’ Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Sunshine Private Pty Ltd.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Australian Nursing and Midwifery Federation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Nursing and Midwifery Federation and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunshine Private Pty Ltd, the applicant, applied to the Fair Work Commission for the approval of the Sunshine Private Pty Ltd Nurses' Agreement 2021-2025. The application was brought to the Commission under the Fair Work Act 2009 (Cth) to seek a determination that the terms of the agreement were suitable for registration. The agreement was negotiated between the applicant and a union representing nurses employed by the company. The dispute centred on whether the agreement met the requirements for registration under the Act.

The central legal issue before the Commission was whether the terms of the agreement were suitable for approval and registration. This involved determining if the agreement contained the necessary provisions as set out in the Fair Work Act, including whether it provided for a fair and efficient system of determining wages and other conditions of employment. Additionally, the Commission had to consider whether the agreement adhered to the principles of good faith bargaining and whether it was consistent with the broader objectives of the Act, including promoting harmonious, productive and cooperative workplace relationships.

The Commission found that the agreement contained the requisite provisions and was suitable for approval. The terms were considered to be fair and efficient, providing a comprehensive framework for the determination of wages and other employment conditions. The Commission also found that the agreement reflected the principles of good faith bargaining and aligned with the broader objectives of the Fair Work Act. As a result, the Commission approved the agreement for registration. The decision was based on a detailed examination of the agreement's provisions and the parties' negotiations. The Commission concluded that the agreement was in the best interests of the employees and the employer, and would facilitate a productive and cooperative workplace.

The Fair Work Commission approved the Sunshine Private Pty Ltd Nurses' Agreement 2021-2025 for registration, finding it to be suitable under the Fair Work Act. The agreement was determined to provide a fair and efficient system for determining wages and other employment conditions, and it adhered to the principles of good faith bargaining and the broader objectives of the Act. The decision ensures that the agreement will be in force for the duration of the agreement, promoting harmonious workplace relationships and providing a stable framework for employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established