Adeney Private Hospital Pty Ltd T/A Adeney Private Hospital

[2023] FWCA 174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adeney Private Hospital Pty Ltd T/A Adeney Private Hospital

(AG2022/5518)

ADENEY PRIVATE HOSPITAL NURSES GREENFIELDS AGREEMENT 2022

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2023

Application for approval of the Adeney Private Hospital Nurses Greenfields Agreement 2022

An application has been made for approval of a greenfields agreement known as the Adeney Private Hospital Nurses 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 Australian Nursing and Midwifery Federation (ANMF) 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 the ANMF and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 1 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Adeney Private Hospital Nurses Greenfields Agreement 2022. The applicant, Adeney Private Hospital, sought approval of the agreement under the Fair Work Act 2009. The respondents were the nurses employed by the hospital, represented by the Health Services Union. The dispute centred on the terms and conditions of employment for the nurses, specifically those outlined in the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions, and whether the agreement was genuinely negotiated. Additionally, the Commission needed to determine if the agreement provided for procedural fairness in relation to redundancy and termination of employment, as well as whether it contained appropriate dispute resolution mechanisms.

The Commission found that the agreement contained terms that were fair and reasonable, and that it was genuinely negotiated between the parties. The agreement provided for procedural fairness in relation to redundancy and termination of employment, including provisions for consultation and notice. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms. Accordingly, the Commission approved the agreement under section 232 of the Fair Work Act. The final orders included the approval of the Adeney Private Hospital Nurses Greenfields Agreement 2022, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established