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
(AG2019/3920)

RESERVOIR PRIVATE HOSPITAL DAY PROCEDURE CENTRE NURSES’ ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 29 JANUARY 2020

Application for approval of the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre. 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, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the application for approval of the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2019. The applicant, the Trustee for A F Mariani Family Trust, sought the approval of the Fair Work Commission, which was challenged by the Royal Melbourne Hospital Nurses Association. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement contained all the mandatory terms as required by section 233 of the Act. The applicant argued that the agreement was fair and reasonable, while the union contended that it did not comply with the mandatory requirements. Specifically, the union claimed that the agreement did not adequately address the nurses' entitlements to meal breaks and penalties for non-compliance with the agreement.

In reaching its decision, the Commission examined the terms of the agreement and found that it contained all the necessary mandatory terms as stipulated by the Act. The Commission also considered the evidence presented by both parties and concluded that the agreement was fair and reasonable. The union's concerns about the meal breaks and penalties were addressed through the negotiation process, and the Commission found that the agreement provided adequate protections for the nurses.

The Fair Work Commission approved the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2019, finding that it met all the requirements under the Fair Work Act 2009. The Commission rejected the union's challenge and found that the agreement was fair and reasonable. The Commission's decision was based on its consideration of the evidence presented by both parties and its determination that the agreement contained all the necessary mandatory terms. The approval of the agreement will now come into effect, providing a framework for the employment of nurses at the hospital.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established