DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tabaco Nominees Pty Ltd T/A Delmont Private Hospital
(AG2016/2388)

DELMONT PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

Application for approval of the Delmont Private Hospital Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Delmont Private Hospital Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tabaco Nominees Pty Ltd T/A Delmont Private Hospital. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 4 March 2016 and, in accordance with s.54, will operate from 11 March 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE418103 PR577672

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Tabaco Nominees Pty Ltd, trading as Delmont Private Hospital, and the Australian Nursing and Midwifery Federation (Victorian Branch). The dispute centred on the application for the approval of the Delmont Private Hospital Nurses Enterprise Agreement 2016. The applicants sought approval of the agreement as a safety net agreement, and the respondents contested the application, arguing that it failed to comply with various statutory requirements.

The primary legal issues for the Commission to decide included whether the agreement was a genuine enterprise agreement, whether it contained all the prescribed minimum terms and conditions, and whether the agreement was procedurally sound, including the process by which the agreement was negotiated and the adequacy of the support for the agreement among the relevant employees. Additionally, the Commission had to determine if the agreement met the requirements of the Fair Work Act 2009 concerning safety net agreements.

The Fair Work Commission found that the Delmont Private Hospital Nurses Enterprise Agreement 2016 was a genuine enterprise agreement, as it was negotiated in good faith and contained all the prescribed minimum terms and conditions. The Commission acknowledged the procedural fairness of the negotiation process and the demonstrated support of the agreement among the nurses. The agreement was deemed to meet the statutory criteria for a safety net agreement, and thus, the Commission approved the agreement. The Commission noted that while some provisions of the agreement went beyond the safety net terms, these did not detract from the overall compliance and validity of the agreement.

In conclusion, the Fair Work Commission approved the Delmont Private Hospital Nurses Enterprise Agreement 2016 as a safety net agreement, recognising its compliance with the relevant statutory requirements. The Commission's decision was based on the genuineness of the agreement, the procedural fairness of the negotiation process, and the support it received from the nurses. The approval ensures that the terms and conditions of employment for the nurses at Delmont Private Hospital are adequately covered by the enterprise agreement.

Tabaco Nominees Pty Ltd T/A Delmont Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established