Shellharbour Private Hospital Pty Limited Summary

[2023] FWCA 1554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shellharbour Private Hospital Pty Limited

(AG2023/1000)

HEALTHE CARE (NSW HOSPITALS) AND THE NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 30 MAY 2023

Application for approval of the Healthe Care (NSW Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2022.

Shellharbour Private Hospital Pty Limited (the Employer) has made an application for the approval of the Healthe Care (NSW Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2022 (the Agreement). The application was made under s.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 which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Nursing and Midwifery Federation (ANMF) was a bargaining representative for the Agreement and 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 ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2023. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Shellharbour Private Hospital Pty Limited, the Fair Work Commission was tasked with considering the application for approval of the Healthe Care (NSW Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2022. The application was made by Healthe Care, an employer organisation, and the New South Wales Nurses and Midwives' Association (ANMF), representing the employees. The dispute centred on the terms and conditions of employment for nurses and other hospital staff in NSW private hospitals, as stipulated in the proposed enterprise agreement.

The legal issues before the Commission involved assessing whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This included determining if the agreement provided fair and reasonable terms and conditions for the employees, whether it adhered to the provisions of the National Employment Standards, and if it ensured the protection of employees' rights and interests. The Commission also had to consider the balance of bargaining power between the parties and whether the agreement was made in good faith.

In reaching its decision, the Commission examined the submissions from both Healthe Care and the ANMF, along with the contents of the proposed enterprise agreement. The Commission took into account the economic context, the need for flexibility in the workforce, and the importance of ensuring fair treatment for employees. After careful consideration, the Commission found that the proposed agreement met the necessary criteria for approval and was in the interests of both the employees and the employer organisation. The Commission approved the enterprise agreement, which will now govern the terms and conditions of employment for nurses and other hospital staff in NSW private hospitals.

The Fair Work Commission's approval of the Healthe Care (NSW Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2022 ensures that the agreement will come into effect and provide a fair and reasonable framework for the employment of nurses and other hospital staff in NSW private hospitals. This decision will have implications for the parties involved and the broader healthcare industry, as it sets the terms and conditions of employment for a significant portion of the workforce in private hospitals across the state.

Shellharbour Private Hospital Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established