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

[2023] FWCA 1771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maryvale Private Hospital Pty Ltd T/A Maryvale Private Hospital

(AG2023/1432)

MARYVALE PRIVATE HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 16 JUNE 2023

Application for approval of the Maryvale Private Hospital Support Services Enterprise Agreement 2023

Maryvale Private Hospital Pty Ltd T/A Maryvale Private Hospital has applied for approval of a single enterprise agreement known as the Maryvale Private Hospital Support Services Enterprise Agreement 2023 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, 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, have been met. One individual made submissions to the effect that their exclusion from the voting process had a material effect on the outcome of the vote to approve the Agreement. However, the employee was not employed at the relevant time and was not entitled to participate in the voting process. Accordingly, nothing turns on their exclusion from that process and I am satisfied that the Agreement was genuinely agreed.

The Agreement is approved and will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.

The Agreement covers the Health Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Maryvale Private Hospital Pty Ltd, trading as Maryvale Private Hospital, sought approval for the Maryvale Private Hospital Support Services Enterprise Agreement 2023. The application was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment for support services staff, including wages, hours, and conditions, as outlined in the proposed enterprise agreement.

The primary legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "better off overall test" (BOOT) agreement. This meant assessing if the agreement provided conditions that were no worse than the applicable award and were at least equal to the employees' previous terms of employment. Additionally, the Commission examined if the agreement contained all necessary minimum terms as prescribed by the Fair Work Act.

The Fair Work Commission found that the Maryvale Private Hospital Support Services Enterprise Agreement 2023 did comply with the statutory requirements. The Commission concluded that the agreement met the BOOT criteria, as it provided conditions that were not less favourable than the relevant award and offered terms that were at least equal to the employees' previous employment terms. Furthermore, the agreement included all necessary minimum terms, satisfying the legislative obligations under the Fair Work Act.

The Commission approved the Maryvale Private Hospital Support Services Enterprise Agreement 2023, effective from the date of the decision. The terms of the agreement will now govern the employment conditions of support services staff at Maryvale Private Hospital.

Maryvale Private Hospital Pty Ltd 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