Montserrat Healthcare Pty Ltd t/a Montserrat Day Hospitals Summary

[2024] FWCA 3613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Montserrat Healthcare Pty Ltd t/a Montserrat Day Hospitals

(AG2024/3520)

NEXUS HOSPITALS QUEENSLAND NURSES ENTERPRISE AGREEMENT 2024

Hospitality industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 16 OCTOBER 2024

Application for approval of the Nexus Hospitals Queensland Nurses Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Nexus Hospitals Queensland Nurses Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Montserrat Healthcare Pty Ltd t/a Montserrat Day Hospitals (the Applicant).

The Agreement covers 6 entities including the Applicant. The other entities are BPDH Operating Co. Pty Ltd, North Lakes Day Hospital Pty Ltd, Surgical Excellence Southport Pty Ltd, Windermere House Pty Ltd and Nexus Day Hospitals Pty Ltd. The Applicant has confirmed that these entities are related employers within the meaning of s 172(2) and (5A) of the Act. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 7 of the Agreement provides that where this Agreement also has provisions regarding matters dealt with under the National Employment Standards (NES) and the provisions in the NES set out in the Act are more favourable to an Employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in this Agreement will have no effect in respect of that Employee.

The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, Montserrat Healthcare Pty Ltd, trading as Montserrat Day Hospitals, applied to the Fair Work Commission to approve the Nexus Hospitals Queensland Nurses Enterprise Agreement 2024. The application followed negotiations between the employer and the Queensland Nurses and Midwives' Union, which represents the nurses. The agreement in question seeks to regulate the employment conditions of nurses employed by the respondent in Queensland.

The primary legal issue the Commission was tasked with determining was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and was not likely to prejudice the essential rights of employees. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the employer.

In delivering the decision, the Commission noted that the agreement contained provisions that aligned with the principles of procedural and substantive fairness. It observed that the negotiation process had been conducted in good faith, with both parties engaging in meaningful discussions. The Commission was satisfied that the agreement provided for reasonable terms and conditions, including provisions for wages, leave entitlements, and working conditions. Furthermore, the Commission determined that the agreement did not prejudice the essential rights of employees and was in the best interests of both parties. Consequently, the Commission approved the Nexus Hospitals Queensland Nurses Enterprise Agreement 2024.

The Fair Work Commission ordered the approval of the Nexus Hospitals Queensland Nurses Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will govern the employment of nurses at Montserrat Day Hospitals in Queensland. The decision reflects the Commission's role in facilitating fair and effective enterprise agreements within the Australian industrial relations framework.

Montserrat Healthcare Pty Ltd t/a Montserrat Day Hospitals

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established