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

[2023] FWC 603

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

The case involves Kaizen Hospitals (Malvern) Pty Ltd, trading as Malvern Private Hospital, which applied for the approval of the 2022 Enterprise Agreement with the Australian Nursing and Midwifery Federation. The application was made before the Fair Work Commission, an industrial tribunal with jurisdiction over employment disputes in Australia. The primary issue before the Commission was whether the agreement met the statutory requirements for approval and whether it provided fair and reasonable terms for the employees covered by it.

The Commission examined the agreement's provisions, including wages, conditions, dispute resolution mechanisms, and other terms and conditions of employment. It considered whether the agreement complied with the Fair Work Act 2009 and whether it provided for a fair and reasonable outcome for the employees. The Commission also assessed whether the agreement had been negotiated in good faith and whether it provided for a proper balance between the interests of the employer and the employees.

After careful consideration, the Commission found that the agreement met the statutory requirements for approval. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The Commission was satisfied that the agreement provided for a proper balance between the interests of the employer and the employees, and that it would promote the efficient operation of the hospital while protecting the rights of the employees. The Commission approved the agreement, and it came into effect on the date of the decision.

In summary, the Fair Work Commission approved the 2022 Enterprise Agreement between Kaizen Hospitals (Malvern) Pty Ltd and the Australian Nursing and Midwifery Federation, finding that it met the statutory requirements for approval and provided for fair and reasonable terms and conditions of employment. The Commission's decision provides certainty for the parties and ensures that the employees are protected under a fair and reasonable agreement.

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