DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre
(AG2017/4152)

RESERVOIR PRIVATE HOSPITAL DAY PROCEDURE CENTRE NURSES' ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 3 JANUARY 2018

Application for approval of the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2017 (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 Applicant 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.

[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 10 January 2018. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for the A F Mariani Family Trust, trading as the Reservoir Private Hospital Day Procedure Centre, applied for approval of the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2017. The dispute arose from the negotiations and subsequent agreement between the hospital and the registered nurses who worked at the facility. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and was in the interests of the employees and the employer.

The legal issues before the Commission involved ensuring that the agreement complied with the Fair Work Act 2009, particularly in terms of procedural fairness and substantive fairness. This included verifying that the agreement was made in good faith, that it contained the necessary minimum terms and conditions, and that it did not unfairly disadvantage any party. The Commission also had to assess whether the agreement appropriately balanced the interests of the employees with those of the employer.

The Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and involved all relevant parties. It determined that the agreement met all statutory requirements and contained appropriate minimum terms and conditions. The Commission further found that the agreement was substantively fair, as it provided for reasonable working conditions and protections for the nurses, while also allowing the hospital to operate efficiently. The Commission approved the agreement, noting the importance of maintaining a balanced relationship between the employer and the employees in the healthcare sector.

The final orders of the Commission included the approval of the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2017, which would now serve as the basis for the employment conditions of the registered nurses at the hospital. The Commission's decision underscored the need for fair and balanced agreements in the healthcare industry, ensuring that both employers and employees could work together effectively and respectfully.

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