South Coast Private Pty Ltd T/A South Coast Private Hospital Summary

[2025] FWCA 155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

South Coast Private Pty Ltd T/A South Coast Private Hospital

(AG2024/4557)

AURORA HEALTHCARE (NSW AND ACT HOSPITALS) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 16 JANUARY 2025

Application for approval of the Aurora Healthcare (NSW and ACT Hospitals) Health Professionals and Support Services Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Aurora Healthcare (NSW and ACT Hospitals) Health Professionals and Support Services 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 South Coast Private Pty Ltd T/A South Coast Private Hospital. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Health Services Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, South Coast Private Pty Ltd trading as South Coast Private Hospital, applied to the Fair Work Commission for approval of the Aurora Healthcare (NSW and ACT Hospitals) Health Professionals and Support Services Enterprise Agreement 2024. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute centred on several aspects of the agreement, including the terms and conditions for health professionals and support services, the process for negotiating the agreement, and the compliance with the relevant legislative provisions.

The Commission examined whether the agreement was genuinely negotiated, whether it included the mandated minimum entitlements, and if the process for approving the agreement complied with the Act. The applicant argued that the agreement was the result of good faith negotiations and that it satisfied all the statutory requirements. The Commission took into account the evidence provided regarding the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated and that it included all the required minimum entitlements. The Commission also confirmed that the approval process was compliant with the legislative requirements.

Following the analysis, the Commission approved the agreement, finding it met all the necessary criteria. The Commission's decision was based on the evidence of genuine negotiation, the inclusion of mandated terms, and compliance with the approval process. The final orders included the approval of the Aurora Healthcare (NSW and ACT Hospitals) Health Professionals and Support Services Enterprise Agreement 2024, effective from the date of the Commission's decision.

South Coast Private Pty Ltd T/A South Coast Private Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established