The Bays Hospital Group Inc

[2013] FWCA 4503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bays Hospital Group Inc
(AG2013/7119)

THE BAYS HOSPITAL GROUP INC. HASTINGS RESIDENTIAL CARE NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 10 JULY 2013

Application for approval of The Bays Hospital Group Inc. Hastings Residential Care Nurses Enterprise Agreement 2013.

[1] On 20 June 2013 The Bays Hospital Group Inc. made an application for approval of The Bays Hospital Group Inc. Hastings Residential Care Nurses Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth.) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] 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.

[4] The Australian Nursing 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 this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 17 June 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bays Hospital Group Inc, an employer, applied to the Fair Work Commission for approval of a new enterprise agreement, the Hastings Residential Care Nurses Enterprise Agreement 2013. The application was opposed by the Health Services Union of Australia, the employees' representative. The dispute centred on various terms and conditions of employment for nurses working within the hospital group's residential care facilities.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included considerations of whether the agreement was "fair and reasonable," had been made "in good faith," and whether it adhered to the "better off overall test." Additionally, the Commission had to determine whether the agreement contained all the mandated minimum terms and conditions as outlined in the Fair Work Act 2009.

The Commission found that the agreement met the requirements of the Act. It was concluded that the agreement was fair and reasonable, made in good faith, and met the better off overall test. The Commission was satisfied that all mandated minimum terms and conditions were included. The application was therefore approved, and the Hastings Residential Care Nurses Enterprise Agreement 2013 was registered.

The final orders included the approval and registration of the Hastings Residential Care Nurses Enterprise Agreement 2013, effective from the date of the Commission's decision. The agreement was to apply to all nurses employed by the Bays Hospital Group Inc within the scope of residential care nursing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established