DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital
(AG2020/3923)

EAST SYDNEY PRIVATE HOSPITAL NURSES' NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2021

Application for approval of the East Sydney Private Hospital Nurses' NSWNMA/ANMF NSW Branch Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the East Sydney Private Hospital Nurses’ NSWNMA/ANMF NSW Branch Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the application by the East Sydney Day Hospital Pty Ltd trading as East Sydney Private Hospital for approval of the East Sydney Private Hospital Nurses' NSWNMA/ANMF NSW Branch Enterprise Agreement 2020, the Fair Work Commission heard the case. The application was brought to ensure the agreement met the legal requirements for approval under the Fair Work Act 2009. The legal issues the court needed to decide centred on whether the agreement complied with the provisions of the Act, particularly in terms of its fairness, and whether it adhered to procedural requirements such as the correct process for negotiation and consultation.

The Fair Work Commission considered the arguments presented by the parties and examined the agreement in detail. The court assessed whether the agreement was fairly negotiated and whether it met the standards of procedural fairness. The Commission found that the agreement was made in good faith and met the statutory requirements for approval. It was determined that the agreement was fair and balanced, considering the interests of both the employees and the employer. The court also confirmed that the negotiation process was compliant with the necessary legal standards, and the agreement was appropriately formulated.

As a result, the Fair Work Commission approved the East Sydney Private Private Hospital Nurses' NSWNMA/ANMF NSW Branch Enterprise Agreement 2020, confirming its compliance with the relevant legislative requirements. The decision underscored the importance of fair negotiation and procedural fairness in the formation of enterprise agreements under the Fair Work Act. The approval was based on a thorough examination of the agreement, ensuring it met all statutory criteria for fairness and compliance.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established