Wolper Jewish Hospital Summary

[2023] FWCA 1831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wolper Jewish Hospital

(AG2023/1692)

WOLPER JEWISH HOSPITAL NON-NURSING ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 JUNE 2023

Application for approval of the Wolper Jewish Hospital Non-Nursing Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Wolper Jewish Hospital Non-Nursing Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 22 May 2023.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 June 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved an application for approval of the Wolper Jewish Hospital Non-Nursing Enterprise Agreement 2023. The applicant, Wolper Jewish Hospital, sought to have the enterprise agreement certified as a registered agreement. The dispute was heard in the Fair Work Commission, which is the Australian workplace relations tribunal.

The central legal issues were whether the agreement met the requirements for registration under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, covered a specified class of employees, and complied with the minimum terms and conditions set out in the Act. The applicant needed to demonstrate that the agreement was made without coercion, duress, or any other improper conduct.

The Fair Work Commission considered the evidence presented by the applicant and the responses from the parties involved. It found that the agreement was made in good faith and covered the specified class of non-nursing employees. The Commission also confirmed that the agreement did not fall below the minimum terms and conditions required by law. Based on these findings, the Commission approved the application and registered the agreement as a certified agreement.

The Fair Work Commission certified the Wolper Jewish Hospital Non-Nursing Enterprise Agreement 2023, effective from the date of registration. This decision concluded that the agreement met all the necessary criteria for registration under the Fair Work Act 2009.

Wolper Jewish Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established