Nexus Hospitals Day Hospitals Pty Ltd Trading As Nexus Hospitals

[2025] FWCA 1541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Nexus Hospitals Day Hospitals Pty Ltd Trading As Nexus Hospitals

(AG2025/1059)

NEXUS HOSPITALS VICTORIAN NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER PERICA	MELBOURNE, 8 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the Nexus Hospitals Victorian Nurses Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 8 May 2025. It will operate from 26 May 2025. The nominal expiry date is 13 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Nexus Hospitals Day Hospitals Pty Ltd, trading as Nexus Hospitals, for approval of their Victorian Nurses Enterprise Agreement 2024. The dispute centred on the terms and conditions outlined in the proposed agreement, which the union representing the nurses contested on various grounds. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009, specifically regarding the fairness and reasonableness of the terms for the employees.

The primary legal issues revolved around the fairness and reasonableness of the proposed agreement. The union argued that several provisions in the agreement were not fair and reasonable, as they adversely affected the nurses' terms and conditions. The union contended that the agreement did not adequately protect the nurses' rights, including their working conditions, remuneration, and other employment benefits. Nexus Hospitals, on the other hand, maintained that the proposed agreement was fair and reasonable, reflecting a balanced approach to the needs of both the employees and the employer.

The Commission considered various factors in reaching its decision, including the balance of rights and interests of the parties, the nature of the agreement, and the broader context of industrial relations. The Commission assessed whether the agreement provided for fair and reasonable terms and conditions for the nurses, taking into account the provisions of the Fair Work Act. Ultimately, the Commission determined that the agreement was fair and reasonable, noting that it provided for adequate protections and benefits for the nurses while also considering the operational needs of the hospital. The Commission's approval of the agreement was based on its finding that the terms and conditions were fair and reasonable, balancing the interests of both parties.

The final orders of the Commission included the approval of the Nexus Hospitals Victorian Nurses Enterprise Agreement 2024, subject to the terms and conditions set out in the agreement. The union's objections were dismissed, and the agreement was authorised to take effect from the specified commencement date. This decision provided certainty for both the hospital and the nurses regarding the terms and conditions of employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established