DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wyndham Clinic Pty Ltd ATF Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital
(AG2015/7567)

WYNDHAM CLINIC NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2015

Application for approval of the Wyndham Clinic Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wyndham Clinic Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wyndham Clinic Pty Ltd ATF Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital. 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 14 December 2015 and, in accordance with s.54, will operate from 21 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Wyndham Clinic Pty Ltd, acting as trustee for the Wyndham Clinic Unit Trust, trading as Wyndham Clinic Private Hospital, and the Australian Nursing and Midwifery Federation (ANMF). The dispute was heard in the Fair Work Commission (FWC). The application was for the approval of the Wyndham Clinic Nurses Enterprise Agreement 2015, which governs the employment conditions for nurses at the hospital. The FWC was required to determine whether the agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009 and fairness in its terms and conditions.

The legal issues before the FWC centred on whether the agreement was genuinely negotiated, met the requirements of the Fair Work Act, and was fair and reasonable in its terms. The FWC had to assess the negotiation process and the fairness of the agreement's provisions, particularly in light of submissions from the ANMF regarding the adequacy of certain terms. The FWC also had to consider whether the agreement met the statutory requirements for approval, including the provision of a safety net for employees and compliance with procedural fairness.

The FWC found that the agreement had been genuinely negotiated and complied with the statutory requirements. It concluded that the agreement was fair and reasonable, considering the submissions from the ANMF and other factors. The FWC noted that while some terms were contentious, the overall fairness of the agreement was supported by the evidence presented. The FWC approved the agreement, noting that it provided a reasonable balance of interests between the employer and employees.

The FWC made an order approving the Wyndham Clinic Nurses Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of nurses at the hospital until superseded by a new agreement or terminated in accordance with the Fair Work Act.

Wyndham Clinic Pty Ltd ATF Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established