Deakin Private Hospital Pty Ltd

[2022] FWCA 4544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Deakin Private Hospital Pty Ltd

(AG2022/5271)

Aurora Healthcare Nurses ACT Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2022

Application for approval of the Aurora Healthcare Nurses ACT Enterprise Agreement 2022

Deakin Private Hospital Pty Ltd has made an application for approval of a greenfields agreement known as the Aurora Healthcare Nurses ACT Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 has 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.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the ANMF and that the Agreement covers this organisation.

The Agreement was approved on 21 December 2022 and, in accordance with s 54, will operate from 28 December 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Aurora Healthcare Nurses ACT Enterprise Agreement 2022 was brought before the Fair Work Commission by Deakin Private Hospital Pty Ltd. The dispute revolved around the proposed agreement, which was intended to govern the terms and conditions of employment for nurses employed by the hospital. The hospital argued that the proposed agreement did not meet the necessary criteria for approval, including its alignment with the principles of enterprise bargaining under the Fair Work Act 2009.

The primary legal issues that the Commission was required to decide involved whether the proposed agreement was a genuine enterprise agreement, if it complied with the procedural requirements set out in the Fair Work Act, and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. The Commission also needed to assess if the agreement was consistent with the public interest, given the essential nature of the healthcare services provided by the hospital.

In its decision, the Commission carefully examined the proposed agreement against the statutory requirements. It found that the agreement was indeed a genuine enterprise agreement as it was negotiated in good faith and covered a range of terms and conditions of employment. The Commission also confirmed that the agreement met all procedural requirements and contained the necessary minimum terms and conditions. Furthermore, the agreement was deemed to be in the public interest, taking into account the critical role of nurses in delivering healthcare services. Based on these findings, the Commission approved the proposed agreement, allowing it to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established