Bethesda Hospital Inc Summary

[2025] FWCA 2676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bethesda Hospital Inc

(AG2025/2466)

BETHESDA HEALTH CARE ENROLLED NURSES, HOSPITALITY AND MAINTENANCE EMPLOYEES' AGREEMENT 2024.

Health and welfare services
DEPUTY PRESIDENT O’KEEFFE	PERTH, 11 AUGUST 2025

Application for approval of the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees' Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethesda Hospital Inc (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 13 September 2024 and the Agreement was made on 13 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The United Workers Union, and the Australian Nursing Federation Industrial Workers Perth., who were bargaining agents, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The United Workers Union, and the Australian Nursing Federation Industrial Workers Perth, each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the United Workers Union, and the Australian Nursing Federation Industrial Workers Perth.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 15 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bethesda Hospital Inc applied for the approval of the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees' Agreement 2024 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which included Deputy President O’Keeffe. The application sought the approval of an enterprise agreement that would govern the employment terms and conditions of enrolled nurses, hospitality, and maintenance employees at Bethesda Hospital. The applicant argued that the agreement passed the Better Off Overall Test (BOOT) and provided a summary to support this view. The United Workers Union and the Australian Nursing Federation Industrial Workers Perth, who were bargaining agents, did not express a view on whether the agreement passed the BOOT.

The legal issues before the court were whether the agreement met all the requirements under sections 186, 187, and 188 of the Fair Work Act, including the BOOT. Additionally, the court had to consider whether the written undertakings provided by the applicant would result in financial detriment to employees or substantial changes to the agreement. The court also needed to determine if the agreement would cover the United Workers Union and the Australian Nursing Federation Industrial Workers Perth, as they had lodged a statutory declaration to be included in the agreement.

The Fair Work Commission found that the agreement met all the requirements of sections 186, 187, and 188 of the Fair Work Act. The court accepted the applicant's view that the agreement passed the BOOT and considered the written undertakings provided by the applicant. The court was satisfied that these undertakings would not cause financial detriment to any employee or result in substantial changes to the agreement. The United Workers Union and the Australian Nursing Federation Industrial Workers Perth had notified the court that they wanted to be covered by the agreement, and the court approved this request. The agreement was approved and will operate from 18 August 2025 until its nominal expiry date of 15 March 2028.

Bethesda Hospital Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established