DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutherland Heart Clinic Pty Ltd T/A Sutherland Heart Clinic
(AG2019/1356)

SUTHERLAND HEART CLINIC AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2019-2021

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2019

Application for approval of the Sutherland Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sutherland Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sutherland Heart Clinic Pty Ltd T/A Sutherland Heart Clinic. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Nursing and Midwifery Federation (ANMF) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sutherland Heart Clinic Pty Ltd trading as Sutherland Heart Clinic, which sought approval for the NSW Nurses and Midwives Association/Australian Nurses and Midwives Federation Enterprise Agreement 2019-2021. The application was brought before the Fair Work Commission, which was tasked with deciding on the fairness and appropriateness of the proposed agreement. The dispute centred around the terms of employment, remuneration, and working conditions for the clinic’s nursing staff as outlined in the agreement.

The primary legal issues before the Commission were whether the terms and conditions proposed in the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a safety net of minimum wages and conditions, allowed for genuine flexibility, and ensured fair and reasonable terms for the employees. The Commission also had to assess if the agreement was free from any unfair content that could undermine the intended protections of the Act.

In its decision, the Fair Work Commission found that the agreement substantially met the criteria for approval. The Commission noted that the proposed agreement provided a comprehensive safety net of minimum wages and conditions, allowed for flexibility where necessary, and included provisions that were fair and reasonable for the employees. The Commission also concluded that there was no unfair content in the agreement that would undermine the protections intended by the Fair Work Act. Consequently, the Commission approved the Sutherland Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2019-2021, deeming it fair and appropriate for implementation.

Sutherland Heart Clinic Pty Ltd T/A Sutherland Heart Clinic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established