Kaizen Hospitals (Malvern) Pty Ltd T/A Malvern Private Hospital Summary

[2023] FWCA 807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kaizen Hospitals (Malvern) Pty Ltd T/A Malvern Private Hospital

(AG2023/438)

Malvern Private Hospital & ANMF Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 15 MARCH 2023

Application for approval of the Malvern Private Hospital & ANMF Enterprise Agreement 2022

Malvern Private Hospital has applied for approval of an enterprise agreement known as the Malvern Private Hospital & ANMF Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2023. The nominal expiry date of the Agreement is 30 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kaizen Hospitals (Malvern) Pty Ltd, trading as Malvern Private Hospital, made an application to the Fair Work Commission for the approval of the Malvern Private Hospital and Australian Nursing and Midwifery Federation Enterprise Agreement 2022. The application arose from negotiations between the hospital and the ANMF concerning the terms and conditions of employment for the hospital's nursing staff. The agreement sought to regulate various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act. This included assessing whether the agreement provided for the minimum entitlements as stipulated by the Act, ensuring it was free from prohibited content, and verifying that it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement satisfied all the necessary criteria for approval. The agreement provided for minimum entitlements and contained provisions that were in the best interests of the employees. It was also free from any prohibited content and had been made in good faith. The Commission noted that the agreement had been the result of genuine negotiations between the parties and that it provided a fair and reasonable framework for the employment relationship. The Commission approved the agreement, ensuring that it would now govern the terms and conditions of employment for the nursing staff at Malvern Private Hospital.

In approving the agreement, the Commission made an order that the Malvern Private Hospital and ANMF Enterprise Agreement 2022 be approved and registered under the Fair Work Act. This decision ensured that the agreement would have legal effect and that the terms and conditions it contained would be binding on both the hospital and the nursing staff. The approval of the agreement provided certainty and stability to the employment relationship, allowing both parties to operate within a clearly defined framework.

Kaizen Hospitals (Malvern) Pty Ltd T/A Malvern Private Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established