Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital Summary

[2022] FWCA 4157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital

(AG2022/4724)

Maryvale Private Hospital Nurses Enterprise Agreement 2022

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 28 NOVEMBER 2022

Application for approval of the Maryvale Private Hospital Nurses Enterprise Agreement 2022.

Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital (the Employer) has made an application for approval of an enterprise agreement known as the Maryvale Private Hospital Nurses Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 28 November 2022 and, in accordance with s.54, will operate from 5 December 2022. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Maryvale Private Hospital Pty Limited, trading as Maryvale Private Hospital, which sought approval of its Nurses Enterprise Agreement 2022. The application was before the Fair Work Commission, which was asked to determine whether the agreement complied with the Fair Work Act 2009. The dispute centred on several provisions of the agreement, particularly those relating to pay rates, conditions of employment, and dispute resolution mechanisms.

The primary legal issue the Commission had to address was whether the enterprise agreement met the requirements set out in the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement was made in good faith and if it complied with the provisions regarding minimum entitlements. The Commission also had to consider whether the agreement was likely to achieve a better understanding between employers and employees and if it provided for a fair and efficient way to resolve disputes.

In its decision, the Fair Work Commission detailed that the agreement largely met the statutory requirements. The Commission found that the agreement was made in good faith and did not disadvantage employees in relation to minimum entitlements. It also found that the agreement provided for effective dispute resolution mechanisms and was likely to promote a better understanding between employers and employees. The Commission approved the enterprise agreement, subject to the implementation of certain conditions to ensure compliance with the Fair Work Act.

The final orders of the Commission were that the Maryvale Private Hospital Nurses Enterprise Agreement 2022 be approved, with the conditions attached to the approval ensuring that the agreement remained compliant with the Fair Work Act. The Commission's decision provided clarity on the requirements for such agreements and set a precedent for similar cases involving private hospitals and nursing staff.

Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established