St Luke's Care

[2025] FWCA 2988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Luke’s Care

(AG2025/2880)

ST LUKE’S CARE TRADING AS ST LUKE’S HOSPITAL AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (NSW BRANCH) ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER CRAWFORD	SYDNEY, 4 SEPTEMBER 2025

Application for approval of the St Luke’s Care trading as St Luke’s Hospital and Australian Nursing and Midwifery Federation (NSW Branch) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the St Luke’s Care trading as St Luke’s Hospital and Australian Nursing and Midwifery Federation (NSW Branch) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by St Luke’s Care. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 10.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, St Luke’s Care, trading as St Luke’s Hospital, sought approval from the Fair Work Commission for the St Luke’s Hospital and Australian Nursing and Midwifery Federation (NSW Branch) Enterprise Agreement 2024. The Australian Nursing and Midwifery Federation (NSW Branch) acted as the representative for the employees. The application was contested by the Registered Nurses’ Association of New South Wales. The primary issue before the court was whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees.

The court examined several key aspects of the agreement, including the provisions on wages, working conditions, and dispute resolution mechanisms. The court needed to determine if the agreement provided fair and reasonable terms for the employees and if it was consistent with the Fair Work Act 2009. Additionally, the court had to consider whether the agreement adequately balanced the interests of the employer and the employees, particularly in light of the arguments presented by the contesting party.

The court found that the agreement met the necessary statutory criteria and was fair and reasonable for the employees. The court emphasised the importance of the agreement in providing stability and predictability in the workplace, which was beneficial for both the employees and the employer. The provisions were deemed to be consistent with the objectives of the Fair Work Act, and the court concluded that the agreement served the best interests of the employees. Consequently, the court approved the enterprise agreement.

The Fair Work Commission ordered that the St Luke’s Hospital and Australian Nursing and Midwifery Federation (NSW Branch) Enterprise Agreement 2024 be approved and registered. This decision ensures that the terms and conditions set out in the agreement will apply to the employees of St Luke’s Care, trading as St Luke’s Hospital, for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established