DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Eye Hospital Pty Ltd
(AG2020/1363)

EYE HOSPITAL NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 JUNE 2020

Application for approval of the Eye Hospital Nurses Enterprise Agreement 2020.

[1] The Eye Hospital Pty Ltd has applied for approval of a single enterprise agreement known as the Eye Hospital Nurses Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Eye Hospital Pty Ltd sought to correct an error in the original application, by filing an amended Agreement page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.
[7] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 24 June 2020 and, in accordance with s.54, will operate from 1 July 2020. The nominal expiry date of the Agreement is 1 July 2023.

[9] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Eye Hospital Pty Ltd, a medical institution based in Sydney, sought approval for the Eye Hospital Nurses Enterprise Agreement 2020. The application was made to the Fair Work Commission, Australia’s independent statutory body with responsibility for the resolution of workplace disputes and the building of a cooperative and fair workplace relations system. The parties involved included The Eye Hospital Pty Ltd and the Australian Nursing and Midwifery Federation, representing the hospital's nurses. The primary dispute centred on the terms and conditions of employment for the nurses, specifically as outlined in the proposed enterprise agreement.

The legal issues before the Fair Work Commission revolved around whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, did not discriminate against any particular group of employees, and did not adversely affect the operation of the hospital. Additionally, the Commission needed to consider whether the agreement had been negotiated in good faith and whether it complied with the relevant provisions of the Act.

In reaching its decision, the Fair Work Commission carefully examined the proposed agreement and the evidence provided by both parties. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs of the hospital and its nursing staff. The Commission also found that the agreement did not discriminate against any particular group of employees and did not adversely affect the operation of the hospital. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and complied with the relevant provisions of the Fair Work Act. Based on these findings, the Commission approved the Eye Hospital Nurses Enterprise Agreement 2020.

The Fair Work Commission's approval of the Eye Hospital Nurses Enterprise Agreement 2020 provided certainty and stability for the hospital's nursing staff and ensured that their terms and conditions of employment were fair and reasonable. The decision also demonstrated the importance of good faith negotiations and compliance with the Fair Work Act in the resolution of workplace disputes. The Commission's approval of the agreement was a positive outcome for both The Eye Hospital Pty Ltd and the Australian Nursing and Midwifery Federation, as it allowed the hospital to continue providing high-quality medical services while also ensuring the fair treatment of its nursing staff.

The Eye Hospital Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established