East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital

[2022] FWCA 3367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital

(AG2022/3704)

East Sydney Private Hospital Nurses’ NSWNMA/ANMF NSW Branch Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 29 SEPTEMBER 2022

Application for approval of the East Sydney Private Hospital Nurses’ NSWNMA/ANMF NSW Branch Enterprise Agreement 2022.

East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital (the Employer) has made an application for the approval of the East Sydney Private Hospital Nurses’ NSWNMA/ANMF NSW Branch Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The Australian Nursing and Midwifery Federation (ANMF) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, East Sydney Day Hospital Pty Ltd trading as East Sydney Private Hospital, applied to the Fair Work Commission for approval of the East Sydney Private Hospital Nurses’ NSWNMA/ANMF NSW Branch Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement if the commission is satisfied it meets the requirements of the Act. The dispute arose from negotiations between the hospital and the union representing the nurses, which culminated in the proposed agreement. The commission, presided over by Deputy President J. P. McCabe, was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the commission was whether the agreement contained all the necessary terms and provisions as required by the Fair Work Act 2009. Specifically, the commission had to consider whether the agreement provided for a fair and equitable outcome for both parties and whether it complied with the procedural requirements for registration. The union argued that the agreement was fair and met all statutory obligations, while the hospital raised concerns regarding certain provisions, particularly those related to pay rates and conditions. The commission needed to balance these competing interests and determine if the agreement could be registered.

After a detailed examination of the agreement, the commission found that while there were certain issues with the pay rates and conditions, these could be resolved through minor amendments. The overall structure and provisions of the agreement were found to be fair and compliant with the legislative requirements. The commission concluded that the agreement met the necessary criteria for registration and approved the East Sydney Private Hospital Nurses’ NSWNMA/ANMF NSW Branch Enterprise Agreement 2022. This decision ensures that the agreement will be binding on the parties and will provide a framework for the employment conditions of the nurses at the hospital.

The commission's decision was final, and the agreement was registered. The parties were directed to implement the agreement and address any minor amendments required to fully comply with the Act. This outcome provided certainty for both the hospital and the union, ensuring that the employment terms for the nurses were regulated by a formally approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established