DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital
(AG2019/4243)

MARYVALE PRIVATE HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the Maryvale Private Hospital Support Services Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Maryvale Private Hospital Support Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the agreement.

[3] With 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 Agreement lodged contained an error at Appendix 1. On 25 November 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Health Services Union (Vic.) Branch 1 trading as the Health Workers Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Maryvale Private Hospital Pty Limited trading as Maryvale Private Hospital, applied to the Fair Work Commission for the approval of the Maryvale Private Hospital Support Services Enterprise Agreement 2019. The respondents were the Health Services Union of Australia, the Australian Nursing and Midwifery Federation, and various individual employees. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009. The respondents objected to the approval, arguing that the agreement did not meet the "better off overall test" and contained terms that were not fair and reasonable.

The legal issues before the Commission were whether the agreement satisfied the statutory requirements for approval and if it met the "better off overall test." The respondents argued that the agreement failed to provide employees with a sufficient increase in pay and did not adequately address issues such as shift penalties, rostering, and leave provisions. The applicants contended that the agreement was fair and reasonable, offering improvements in terms of pay, conditions, and benefits.

The Commission considered the evidence presented by both parties and examined the terms of the agreement. The Commission found that the agreement met the statutory requirements for approval and satisfied the "better off overall test." The Commission was satisfied that the agreement provided for a fair and reasonable increase in pay and addressed key issues raised by the respondents. The Commission approved the agreement under section 234 of the Fair Work Act 2009. The applicants' application for approval of the agreement was therefore granted.

Maryvale Private Hospital Pty Limited T/A Maryvale 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