South Eastern Private Hospital Pty Ltd Trading AS South Eastern Private Hospital
[2025] FWCA 2661
•12 AUGUST 2025
| [2025] FWCA 2661 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
South Eastern Private Hospital Pty Ltd Trading AS South Eastern Private Hospital
(AG2025/2089)
AURORA HEALTHCARE (VICTORIAN HOSPITALS) NURSES ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 12 AUGUST 2025 |
Application for approval of the Aurora Healthcare (Victorian Hospitals) Nurses Enterprise Agreement 2024
An application has been made by South Eastern Private Hospital Pty Ltd Trading as South Eastern Private Hospital (Applicant) for approval of an enterprise agreement known as the Aurora Healthcare (Victorian Hospitals) Nurses Enterprise Agreement 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.
Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.
Concerns were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.
A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.
Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.
The Australian Nursing and Midwifery Federation (ANMF) was a bargaining representative for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the ANMF.
The Agreement was approved on 12 August 2025 and will operate from 19 August 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 April 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530011 PR790536>
ANNEXURE A
0
0
0