DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yackandandah Health Inc
(AG2015/2492)

YACKANDANDAH HEALTH, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 13 MAY 2015

Application for approval of the Yackandandah Health, ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Yackandandah Health, ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yackandandah Health Inc. 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, will operate from 20 May 2015. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Yackandandah Health Inc, the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU). The dispute concerns the approval of the Yackandandah Health, ANMF and HSU Enterprise Agreement 2014. The Fair Work Commission was the court that presided over this matter.

The central legal issues the court had to decide were whether the agreement met the necessary standards under the Fair Work Act 2009 and whether it complied with the relevant provisions regarding enterprise agreements. The court needed to examine if the agreement included the minimum terms and conditions as stipulated by the Act, and if it adhered to procedural fairness in its negotiation and execution.

The Fair Work Commission concluded that the agreement satisfied all legal requirements and was, therefore, approved. The court found that the agreement contained all necessary minimum terms and conditions, and it was negotiated in a manner that was procedurally fair. The commission noted that the agreement had been the subject of good faith negotiations between the parties, and it met all the criteria set out in the Fair Work Act. As a result, the application for approval of the agreement was successful.

The final orders included the approval of the Yackandandah Health, ANMF and HSU Enterprise Agreement 2014, confirming its compliance with the Fair Work Act and its procedural fairness. The agreement was thus legally binding on the parties involved.

Yackandandah Health Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established