Bondi Newco Pty Ltd T/A Bondi Junction Private Hospital

[2023] FWCA 2836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bondi Newco Pty Ltd T/A Bondi Junction Private Hospital

(AG2023/2964)

BONDI JUNCTION PRIVATE HOSPITAL (NURSES) AND NSWNMA/ANMF (NSW BRANCH) ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER CRAWFORD	SYDNEY, 5 SEPTEMBER 2023

Application for approval of the Bondi Junction Private Hospital (Nurses) and NSWNMA/ANMF (NSW Branch) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Bondi Junction Private Hospital (Nurses) and NSWNMA/ANMF (NSW Branch) Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bondi Newco Pty Ltd trading as Bondi Junction Private Hospital (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) 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 ANMF.

The Agreement is approved and will operate from 18 September 2023 in accordance with s.54(1)(b) of the Act. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bondi Newco Pty Ltd, trading as Bondi Junction Private Hospital, sought approval for an enterprise agreement with the New South Wales Nurses and Midwives' Association (NSWNMA)/Australian Nurses and Midwives' Federation (NSW Branch). The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and whether the agreement contained appropriate mechanisms for resolving disputes. The Commission also needed to assess if the agreement met the public interest test by ensuring fair and equitable terms and conditions for the employees.

The Fair Work Commission found that Bondi Newco Pty Ltd and the NSWNMA/ANMF (NSW Branch) had engaged in good faith bargaining. The Commission was satisfied that the proposed agreement contained adequate provisions for resolving disputes, including a clear process for escalating unresolved issues. The Commission further determined that the agreement provided fair and equitable terms and conditions for the nurses, taking into account the public interest. The Commission approved the Bondi Junction Private Hospital (Nurses) and NSWNMA/ANMF (NSW Branch) Enterprise Agreement 2023, highlighting the importance of fair work practices in the healthcare sector.

The final orders included the approval of the enterprise agreement, which would now be binding on the parties involved. The agreement would provide the framework for the terms and conditions of employment for nurses at Bondi Junction Private Hospital for the specified period. The Commission emphasised the importance of maintaining fair and equitable workplace practices, especially within the healthcare industry, where the quality of patient care is directly impacted by the working conditions of healthcare professionals.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established