DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital
(AG2019/1105)

EAST SYDNEY PRIVATE HOSPITAL NURSES’ NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 JUNE 2019

Application for approval of the East Sydney Private Hospital Nurses' NSWNMA/ANMF NSW Branch Enterprise Agreement 2018-2020.

[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 2018-2020 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 13 June 2019 and, in accordance with s.54, will operate from 20 June 2019. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Industrial Court of New South Wales was an application by 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 2018-2020. The dispute involved the terms and conditions of employment for nurses at the hospital, as outlined in the proposed agreement. The application was made in accordance with the requirements of the Fair Work Act 2009. The central legal issues before the court were whether the proposed enterprise agreement was fair and reasonable, and whether it met the criteria for approval under the Fair Work Act. The court needed to consider the balance of the agreement in terms of the rights and obligations of both the employees and the employer, as well as its alignment with the objectives of the Act.

The court examined the proposed agreement in detail, focusing on various aspects such as wages, working hours, leave provisions, and other employment conditions. It assessed whether the agreement provided for a fair and reasonable balance of rights and obligations, and if it adequately reflected the principles of the Fair Work Act. The court also considered submissions from both the hospital and the union representing the nurses, along with any relevant evidence presented. Ultimately, the court found that the agreement met the necessary criteria and was fair and reasonable. The terms provided a balanced approach to the needs of both parties, and aligned with the broader objectives of the Fair Work Act to promote fair and productive workplace relations.

As a result, the court approved the East Sydney Private Hospital Nurses' NSWNMA/ANMF NSW Branch Enterprise Agreement 2018-2020. The decision was made in the interest of ensuring fair and reasonable workplace conditions for the nurses while also recognising the operational needs of the hospital. The court's approval of the agreement meant that it would now be legally binding between the hospital and the nurses, providing a framework for their employment terms over the specified period.

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