DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VEI Services Pty Ltd T/A RiverCity Private Hospital, VEI MacKay, North Queensland Day Surgical Centre
(AG2018/5761)

VEI SERVICES PTY LTD (QLD) AND THE QNMU/ANMF NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 FEBRUARY 2019

Application for approval of the VEI Services Pty Ltd (QLD) and the QNMU/ANMF Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the VEI Services Pty Ltd (QLD) and the QNMU/ANMF Nurses Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VEI Services Pty Ltd T/A RiverCity Private Hospital, VEI MacKay, North Queensland Day Surgical Centre. 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 12 February 2019. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the VEI Services Pty Ltd (QLD) and the Queensland Nurses and Midwives' Union/Australian Nursing and Midwifery Federation Enterprise Agreement 2018. The parties involved were VEI Services Pty Ltd, trading as RiverCity Private Hospital, VEI MacKay, and North Queensland Day Surgical Centre. The application was heard by the Fair Work Commission, specifically Commissioner D. The dispute centred around whether the enterprise agreement should be approved under the Fair Work Act 2009.

The legal issues before the court included whether the agreement met the criteria for approval, including that it provided for the pay and conditions of employees and did not adversely affect employees who were not party to the agreement. The court also considered whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. Furthermore, the court examined the fairness and reasonableness of the terms and conditions, including pay rates and other employment conditions.

Commissioner D determined that the agreement met the criteria for approval. The agreement was found to be made in good faith, and the terms and conditions were deemed to be fair and reasonable. The commissioner noted that the agreement provided for the pay and conditions of employees and did not adversely affect employees who were not party to the agreement. The commissioner also considered the impact of the agreement on the parties' ability to operate their businesses and concluded that the agreement did not have an adverse effect on their ability to do so. As a result, the commissioner approved the agreement under section 234 of the Fair Work Act 2009.

VEI Services Pty Ltd T/A RiverCity Private Hospital, VEI MacKay, North Queensland Day Surgical Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established