Cura Newco 9 Pty Ltd T/A Sir John Monash Private Hospital

[2024] FWCA 3540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cura Newco 9 Pty Ltd T/A Sir John Monash Private Hospital

(AG2024/3297)

SIR JOHN MONASH PRIVATE HOSPITAL ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 9 OCTOBER 2024

Application for approval of the Sir John Monash Private Hospital Enterprise Agreement 2024

Cura Newco 9 Pty Ltd T/A Sir John Monash Private Hospital (Applicant) has applied for approval of an enterprise agreement known as the Sir John Monash Private Hospital Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement

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 ss 186, 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.

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.

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 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the matter involved Cura Newco 9 Pty Ltd, trading as Sir John Monash Private Hospital, which sought approval for its Enterprise Agreement 2024. The hospital aimed to secure the endorsement of this agreement, which outlined terms and conditions for its employees. The application was heard by the Commission, tasked with ensuring the agreement met the necessary legal and procedural standards.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it had been appropriately negotiated. Specifically, the Commission needed to verify that the agreement was made in good faith, that it was free from any invalid provisions, and that it provided adequate protections for employees. Additionally, the Commission examined whether the agreement had been properly presented to the employees and whether it met the criteria for approval under the Act.

The Commission concluded that the Enterprise Agreement 2024 was compliant with the Fair Work Act 2009. The agreement was deemed to have been negotiated in good faith, and no invalid provisions were identified. The Commission found that the agreement offered suitable protections for employees and was appropriately presented to them. Given these findings, the Commission approved the agreement, recognising its fairness and compliance with the relevant legislative framework.

The final orders of the Commission included the approval of the Sir John Monash Private Hospital Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it was to be applied in accordance with its terms. This decision provided clarity and legal certainty for the hospital and its employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established