The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre

[2022] FWCA 3385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre

(AG2022/4008)

Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2022

Health and welfare services
COMMISSIONER O'NEILL	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2022

Reservoir Private Hospital Day Procedure Centre has applied for approval of an enterprise agreement known as the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 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.

I observe that clause 24(d) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the application for the approval of the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2022 was brought before the Fair Work Commission. The applicant, the Trustee for A F Mariani Family Trust trading as the Reservoir Private Hospital Day Procedure Centre, sought approval for the agreement which outlines the terms and conditions of employment for nurses working at the hospital. The dispute centred on whether the proposed terms and conditions in the enterprise agreement met the necessary requirements under the Fair Work Act 2009, specifically focusing on the procedural fairness and the necessity to ensure the agreement was in the best interests of the employees involved.

The legal issues before the court included whether the application process followed the correct procedures as mandated by the Fair Work Act. The court was required to determine if the agreement was made in good faith and whether it was appropriate to be registered by the Commission. Furthermore, the court needed to consider whether the agreement met the standards of procedural fairness and if the terms and conditions were fair and reasonable for the nurses employed by the hospital.

The Fair Work Commission found that the application process was conducted in accordance with the relevant provisions of the Fair Work Act. The Commission determined that the agreement was made in good faith and that it met the standards of procedural fairness. The terms and conditions of the enterprise agreement were deemed to be fair and reasonable, and the Commission was satisfied that the agreement was in the best interests of the employees. Consequently, the Fair Work Commission approved the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2022 and ordered its registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established