Alwyn Holdings Pty Ltd T/A Alwyn Rehabilitation Hospital Summary

[2024] FWCA 4308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alwyn Holdings Pty Ltd T/A Alwyn Rehabilitation Hospital

(AG2024/3997)

ALWYN REHABILITATION HOSPITAL, NSWNMA AND ANMF NSW BRANCH ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 DECEMBER 2024

Application for approval of the Alwyn Rehabilitation Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Alwyn Rehabilitation Hospital, NSWNMA and ANMF NSW Branch Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 December 2024. The nominal expiry date of the Agreement is 1 July 2026.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Nursing and Midwifery Federation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Alwyn Holdings Pty Ltd trading as Alwyn Rehabilitation Hospital, the applicants sought approval of the Alwyn Rehabilitation Hospital, NSW Nurses and Midwives Association and Australian Nursing and Midwifery Federation NSW Branch Enterprise Agreement 2024. The respondents included the NSWNMA and the ANMF NSW Branch, which raised objections to certain provisions of the proposed agreement. The case was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over workplace relations and employment issues.

The primary legal issues before the Commission were whether the proposed agreement contained provisions that were contrary to public policy or not genuinely an enterprise agreement as defined under the Fair Work Act 2009. Specifically, the respondents argued that certain clauses in the agreement contravened public policy by limiting the rights of nurses and midwives to strike or engage in protected industrial action. The applicants defended the provisions, asserting that they were necessary to maintain operational efficiency and patient care standards within the hospital.

The Commission examined the provisions in question and considered the principles of public policy and the statutory definition of an enterprise agreement. It found that while the right to strike is a fundamental aspect of industrial relations, it must be balanced against the need to ensure the continuity of essential services, particularly in healthcare settings. The Commission concluded that the provisions did not contravene public policy as they were designed to maintain essential services during industrial action, thus upholding the public interest in patient care. The agreement was approved with certain modifications to address the respondents' concerns.

The Fair Work Commission approved the enterprise agreement with modifications, ensuring that the provisions related to industrial action were balanced to maintain the continuity of essential services while respecting the rights of nurses and midwives. The final orders included specific amendments to the agreement to clarify the scope and conditions of industrial action, ensuring compliance with both the Fair Work Act and public policy considerations.

Alwyn Holdings Pty Ltd T/A Alwyn Rehabilitation Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established