The Hobart Clinic

[2013] FWCA 5804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hobart Clinic
(AG2013/1956)

THE HOBART CLINIC NURSING STAFF ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 AUGUST 2013

Application for approval of The Hobart Clinic Nursing Staff Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as The Hobart Clinic Nursing Staff Enterprise Agreement 2013 (the Agreement). The application was made by The Hobart Clinic (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, which was the employer of the staff at The Hobart Clinic, applied for approval of the Nursing Staff Enterprise Agreement 2013. The Respondent, the Registered Nurses Association of Tasmania, represented the nursing staff at the Clinic. The application was made under section 232 of the Fair Work Act 2009, which enables the Commission to approve an enterprise agreement if it is satisfied that the agreement provides for fair and appropriate terms and conditions. The Clinic had been experiencing difficulties in attracting and retaining registered nurses and this was impacting on the delivery of patient care.

The primary issue for the Commission to determine was whether the terms and conditions of the proposed agreement were fair and appropriate. The Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, whether the pay rates and conditions were fair and reasonable, and whether the agreement provided for appropriate provisions for the protection of employees. The Applicant argued that the agreement was necessary to ensure the ongoing viability of the Clinic and to address the difficulties in attracting and retaining registered nurses. The Respondent argued that the agreement did not provide for appropriate mechanisms for the resolution of workplace disputes and that the pay rates and conditions were not fair and reasonable.

The Commission found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and that the pay rates and conditions were fair and reasonable. The Commission noted that the agreement provided for a dispute resolution procedure that was consistent with the Fair Work Act and that the pay rates and conditions were comparable to those in similar agreements. The Commission also found that the agreement provided for appropriate provisions for the protection of employees, including provisions for parental leave, sick leave, and the protection of employees' health and safety. The Commission approved the agreement under section 232 of the Fair Work Act.

The Commission made an order approving the Nursing Staff Enterprise Agreement 2013 as a registered agreement under section 179 of the Fair Work Act. The order is effective from 1 April 2013 and will remain in force until 31 March 2017. The agreement will apply to all registered nurses employed by the Applicant at The Hobart Clinic.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established