South Eastern Private Hospital Pty Ltd Trading AS South Eastern Private Hospital Summary

[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

ANNEXURE A

CaseChat Overview and Summary

In the recent case of South Eastern Private Hospital Pty Ltd Trading as South Eastern Private Hospital, the Fair Work Commission was tasked with approving the Aurora Healthcare (Victorian Hospitals) Nurses Enterprise Agreement 2024. The hospital and the union representing the nurses were parties to the agreement, which sought to set out the terms and conditions of employment for nurses within the hospital. The hospital was seeking approval of the agreement, which it contended provided fair and reasonable terms for both the employees and the employer.

The primary legal issues the Fair Work Commission needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission was required to consider whether the agreement provided for the proper classification of employees, ensured fair remuneration and conditions of employment, and complied with the relevant provisions of the Act. The Commission also had to ensure that the agreement did not undermine the existing rights and protections of employees under the Act.

In reaching its decision, the Commission examined the provisions of the agreement in detail. It considered the classifications of employees, the rates of pay, and the conditions of employment, including leave entitlements and other benefits. The Commission found that the agreement provided for fair and reasonable terms of employment and did not undermine the rights and protections of employees. The agreement met the criteria for approval under the Act, and the Commission approved the Aurora Healthcare (Victorian Hospitals) Nurses Enterprise Agreement 2024.

The Fair Work Commission's approval of the agreement is a significant development for both the hospital and the nurses. It provides certainty and stability in the terms and conditions of employment for nurses at the hospital, while also ensuring that the agreement complies with the requirements of the Fair Work Act. The decision reinforces the importance of fair and reasonable enterprise agreements in promoting harmonious industrial relations and protecting the rights of employees.

South Eastern Private Hospital Pty Ltd Trading AS South Eastern Private Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established