DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wolper Jewish Hospital
(AG2019/1495)

WOLPER JEWISH HOSPITAL, NSWNMA AND ANMF NSW BRANCH ENTERPRISE AGREEMENT 2019-2021

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2019

Application for approval of the Wolper Jewish Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2019 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wolper Jewish Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2019 to 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wolper Jewish Hospital. The Agreement is a single enterprise agreement.

[2] The Employer 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 (ANMF) 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 2 July 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Wolper Jewish Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2019 to 2021. The applicant was the New South Wales Nurses and Midwives' Association (NSWNMA), while the respondent was the Wolper Jewish Hospital. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement was in accordance with the "better off overall test" and whether it contained provisions that were contrary to the Fair Work Act. Specifically, the court needed to assess whether the agreement provided for a minimum rate of pay, shift loadings, penalty rates, and other conditions that were at least as favourable as the relevant award or safety net. Additionally, the court had to ensure that the agreement did not include provisions that were contrary to public policy or had the potential to undermine the industrial safety net.

In delivering the decision, the Fair Work Commission found that the agreement met the requirements for approval. The Commission noted that the agreement provided for a minimum rate of pay that was at least as favourable as the relevant award, and it contained provisions for shift loadings and penalty rates that were in line with industry standards. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy or undermined the industrial safety net. Consequently, the Fair Work Commission approved the Wolper Jewish Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2019 to 2021.

Wolper Jewish Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established