East Sydney Day Hospital Pty Ltd Trading AS East Sydney Private Hospital

[2025] FWCA 1845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

East Sydney Day Hospital Pty Ltd Trading AS East Sydney Private Hospital

(AG2025/1588)

EAST SYDNEY PRIVATE HOSPITAL NURSES’ NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JUNE 2025

Application for approval of the East Sydney Private Hospital Nurses’ NSWNMA-ANMF Branch Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the East Sydney Private Hospital Nurses’ NSWNMA-ANMF Branch Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the East Sydney Day Hospital Pty Ltd, trading as the East Sydney Private Hospital, and the NSW Nurses and Midwives' Association (ANMF Branch). The dispute centred around the approval of the East Sydney Private Hospital Nurses’ NSWNMA-ANMF Branch Enterprise Agreement 2025. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal and procedural standards for approval.

The primary legal issue that the Commission had to address was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement had been fairly negotiated, included mandatory terms and conditions, and adhered to the procedural requirements set out in the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and the employer, as well as the broader public interest.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and the submissions from both parties. The Commission found that the agreement had been fairly negotiated and contained all the mandatory terms required by the Act. Furthermore, the Commission determined that the agreement was in the best interests of the employees and the employer and did not undermine the public interest. Therefore, the Commission approved the enterprise agreement.

As a result, the Fair Work Commission granted approval for the East Sydney Private Hospital Nurses’ NSWNMA-ANMF Branch Enterprise Agreement 2025. This decision affirmed the agreement's validity and binding effect, ensuring that it would be implemented between the parties in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established