| [2023] FWCA 2340 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Adeney Private Hospital Pty Ltd T/A Adeney Private Hospital
(AG2023/2359)
ADENEY PRIVATE HOSPITAL SUPPORT SERVICES GREENFIELDS AGREEMENT 2022
| Health and welfare services | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 28 JULY 2023 |
Application for approval of the Adeney Private Hospital Support Services Greenfields Agreement 2022
An application has been made for approval of a greenfields agreement known as the Adeney Private Hospital Support Services Greenfields Agreement 2022 (the Agreement). The application was made by Adeney Private Hospital Pty Ltd T/A Adeney Private Hospital pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Health Services Union (HSU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Health Services Union (HSU) and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2023. The nominal expiry date of the Agreement is 1 February 2026.
DEPUTY PRESIDENT
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<AE520914 PR764666>
- AGLC
- Adeney Private Hospital Pty Ltd T/A Adeney Private Hospital [2023] FWCA 2340
- Case
- [2023] FWCA 2340
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections pertaining to the approval of enterprise agreements. The primary concern was whether the proposed agreement met the requirements for being a "better off overall test" (BOOT) agreement, ensuring that the employees were not disadvantaged by the terms of the new agreement compared to their previous conditions. Additionally, the Commission needed to determine if the agreement complied with all relevant provisions of the Act and if any provisions were unfair.
In delivering its decision, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the proposed agreement did indeed meet the BOOT requirement, as it provided improved terms and conditions for the employees without any detriment to their overall entitlements. The Commission also confirmed that all provisions of the agreement complied with the Fair Work Act and were not unfair. Based on this, the Commission approved the Adeney Private Hospital Support Services Greenfields Agreement 2022, endorsing it as a fair and reasonable agreement for the employees of the hospital.
The final order of the Fair Work Commission was that the Adeney Private Hospital Support Services Greenfields Agreement 2022 be approved and registered under the Fair Work Act 2009. This approval ensures that the agreement will govern the employment conditions of the support staff at Adeney Private Hospital moving forward, subject to the terms and protections outlined in the Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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