DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Adel Developments Unit Trust & The Trustee for the Hopeful Family Trust T/A Sir John Monash Private Hospital
(AG2016/4418)

SIR JOHN MONASH PRIVATE HOSPITAL ENTERPRISE AGREEMENT 2016-2019

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Sir John Monash Private Hospital Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Sir John Monash Private Hospital Enterprise Agreement 2016-2019. (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 the Adel Developments Unit Trust & The Trustee for the Hopeful Family Trust T/A Sir John Monash Private Hospital. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Sir John Monash Private Hospital Enterprise Agreement 2016-2019. The applicants were the trustee for the Adel Developments Unit Trust and the trustee for the Hopeful Family Trust, trading as Sir John Monash Private Hospital. The nature of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the interests of employees and employers and met the procedural and substantive requirements of the Act.

The legal issues before the Commission included whether the agreement satisfied the procedural requirements of the Fair Work Act, including the requirement for genuine bargaining and the provision of necessary information to employees. The Commission also had to consider whether the agreement met the substantive requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it promoted harmonious, productive, and cooperative workplace relations. Additionally, the Commission had to determine whether the agreement was consistent with the National Employment Standards and the applicable awards.

The Fair Work Commission found that the agreement satisfied the procedural requirements of the Fair Work Act, including the requirement for genuine bargaining and the provision of necessary information to employees. The Commission also found that the agreement met the substantive requirements of the Act, including the provision of fair and reasonable terms and conditions of employment, and the promotion of harmonious, productive, and cooperative workplace relations. The Commission noted that the agreement provided for a range of benefits for employees, including increased wages and improved leave entitlements, and that these benefits were consistent with the National Employment Standards and applicable awards. The Commission concluded that the agreement was in the interests of both employees and employers and approved the agreement.

The Fair Work Commission approved the Sir John Monash Private Hospital Enterprise Agreement 2016-2019, subject to the conditions set out in the decision. The Commission noted that the agreement provided for a range of benefits for employees, including increased wages and improved leave entitlements, and that these benefits were consistent with the National Employment Standards and applicable awards. The Commission also found that the agreement promoted harmonious, productive, and cooperative workplace relations and was in the interests of both employees and employers. The approval of the agreement was subject to the condition that the employer provide the Commission with certain information and reports in relation to the agreement's operation.

The Trustee for the Adel Developments Unit Trust & The Trustee for the Hopeful Family Trust T/A Sir John Monash Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established