DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Burnside War Memorial Hospital Inc t/a Burnside Hospital
(AG2019/4075)

BURNSIDE WAR MEMORIAL HOSPITAL CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Burnside War Memorial Hospital Clerical Employees Enterprise Agreement 2018

[1] The Burnside War Memorial Hospital Inc t/a Burnside Hospital has made an application for approval of an enterprise agreement known as the Burnside War Memorial Hospital Clerical Employees Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 4 December 2019 and, in accordance with s 54, will operate from 11 December 2019. The nominal expiry date of the Agreement is 15 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Burnside War Memorial Hospital Inc t/a Burnside Hospital applied to the Fair Work Commission for approval of the Burnside War Memorial Hospital Clerical Employees Enterprise Agreement 2018. The application was made pursuant to section 234 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for clerical employees at the Burnside Hospital. The primary issues were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act and whether it was in the interests of the employees.

The Fair Work Commission examined whether the agreement was fairly and properly negotiated, whether it complied with the procedural requirements of the Fair Work Act, and whether it met the substantive standards of good faith and the best interests of the employees. The Commission considered whether the agreement was appropriate given the circumstances of the employees, the employer's capacity to comply, and whether the agreement was likely to have a detrimental effect on the employer's operations. The Burnside Hospital argued that the agreement was fairly negotiated and met all the necessary requirements under the Fair Work Act.

The Fair Work Commission found that the agreement was fairly and properly negotiated and that it complied with both the procedural and substantive requirements of the Fair Work Act. The Commission determined that the agreement was in the best interests of the employees and would not have a detrimental effect on the employer's operations. The Commission was satisfied that the Burnside Hospital had the capacity to comply with the agreement and that the agreement met the standards of good faith and the best interests of the employees. Consequently, the Commission approved the Burnside War Memorial Hospital Clerical Employees Enterprise Agreement 2018.

The Burnside War Memorial Hospital Inc t/a Burnside Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established