DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting NSW.ACT T/A Medically Supervised Injecting Centre and the War Memorial Hospital (Waverley)
(AG2016/8032)

MEDICALLY SUPERVISED INJECTING CENTRE (MSIC) AND WAR MEMORIAL HOSPITAL (WAVERLEY) (WMH) HEALTH SERVICE EMPLOYEES AGREEMENT 2016

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 23 JANUARY 2017

Application for approval of the Medically Supervised Injecting Centre (MSIC) and War Memorial Hospital (Waverley) (WMH) Health Service Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Medically Supervised Injecting Centre (MSIC) and War Memorial Hospital (Waverley) (WMH) Health Service Employees Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting NSW.ACT T/A Medically Supervised Injecting Centre and the War Memorial Hospital (Waverley). 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 Health Services Union of Australia (HSU) 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) of the Act 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 30 January 2017. The nominal expiry date of the Agreement is 1 January 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Uniting NSW.ACT, trading as the Medically Supervised Injecting Centre, and the War Memorial Hospital (Waverley), sought approval of the MSIC and WMH Health Service Employees Agreement 2016. The respondents included the Australian Nursing and Midwifery Federation NSW Branch and the Health Services Union of Australia. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement adequately covered the terms and conditions of employment for the employees of the MSIC and WMH, and whether it complied with the relevant provisions of the Fair Work Act. This included ensuring that the agreement did not have any terms that were contrary to public policy or that would undermine the rights of employees. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions that were consistent with the principles of the National Employment Standards.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other entitlements. The Commission was satisfied that the agreement did not include any terms that were contrary to public policy or that would undermine the rights of employees. As such, the Commission approved the MSIC and WMH Health Service Employees Agreement 2016.

The Fair Work Commission approved the MSIC and WMH Health Service Employees Agreement 2016, effective from 1 July 2016. The Commission found that the agreement met the necessary criteria for approval, including providing for fair and reasonable terms and conditions of employment. The Commission also found that the agreement did not include any terms that were contrary to public policy or that would undermine the rights of employees. The approval of the agreement ensures that the employees of the MSIC and WMH have a fair and reasonable set of terms and conditions of employment that are consistent with the principles of the National Employment Standards.

Uniting NSW.ACT T/A Medically Supervised Injecting Centre and the War Memorial Hospital (Waverley)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established