DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Community Services Limited T/A Wesley Mission
(AG2018/6981)

WESLEY HOSPITALS AND NSWNMA-ANMF NSW BRANCH ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Wesley Hospitals and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Wesley Hospitals and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesley Community Services Limited T/A Wesley Mission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 February 2019 and, in accordance with s.54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Wesley Community Services Limited, trading as Wesley Mission, and the New South Wales Nurses and Midwives' Association NSW Branch. Wesley Mission sought approval for the Wesley Hospitals and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020. The application was brought before the Fair Work Commission (FWC). The primary dispute centred on whether the enterprise agreement should be approved under the Fair Work Act 2009. The key issues before the FWC were whether the agreement met the "better off overall test" and whether it complied with the "good faith" requirements.

The FWC assessed whether the agreement provided employees with conditions no less favourable than the relevant award or safety net. The Commission considered the submissions from both parties, including evidence related to the financial implications of the agreement for Wesley Mission. The FWC determined that the agreement satisfied the better off overall test and that it was made in good faith. The analysis included detailed scrutiny of the financial data and the comparative benefits provided to employees under the agreement versus the relevant award.

After thorough consideration, the FWC approved the Wesley Hospitals and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020. The Commission concluded that the agreement met the statutory requirements and was in the best interests of the employees. The approval was based on the evidence presented, which demonstrated that the agreement provided fair and reasonable terms for both the employees and Wesley Mission. The decision was communicated to the parties, finalising the application process.

Wesley Community Services Limited T/A Wesley Mission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established