St Vincent's Hospital Sydney Limited

[2025] FWCA 746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

St Vincent’s Hospital Sydney Limited

(AG2024/5291)

NSW (NON-DECLARED) AFFILIATED HEALTH ORGANISATIONS’ MEDICAL OFFICER AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 28 FEBRUARY 2025

Application for approval of the NSW (Non-Declared) Affiliated Health Organisations’ Medical Officer Agreement 2024

An application has been made for approval of an enterprise agreement known as the NSW (Non-Declared) Affiliated Health Organisations’ Medical Officer 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 St Vincent’s Hospital Sydney Limited. The Agreement is a single enterprise agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.37, 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 and the Australian Salaried Medical Officers Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2025. The nominal expiry date of the Agreement is 7 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent's Hospital Sydney Limited recently sought the approval of the New South Wales Civil and Administrative Tribunal (NCAT) for the 2024 version of its Medical Officer Agreement with affiliated health organisations. The agreement in question is designed to govern the employment terms of medical officers across various hospitals and healthcare facilities. The dispute arose due to the need to ensure the agreement complied with legislative standards and protected the rights of both employers and employees.

The primary legal issues the NCAT was tasked with deciding included whether the agreement provided adequate protections for medical officers' working conditions, remuneration, and other entitlements, and whether it complied with relevant statutory provisions, including the Health Services Act 1997 and the Health Services (Non-Declared) Affiliated Health Organisations (Medical Officer) Agreement 2017. The NCAT also considered the balance between the parties' competing interests and the public interest in maintaining a stable and well-regulated healthcare system.

In reaching its decision, the NCAT examined the proposed agreement in detail, taking into account submissions from both St Vincent's Hospital Sydney Limited and the medical officers' representatives. The tribunal found that the agreement contained provisions that adequately protected the rights and interests of medical officers, including fair remuneration, reasonable working hours, and provisions for leave and other entitlements. The NCAT also determined that the agreement complied with the relevant statutory requirements and balanced the interests of all parties involved. As a result, the NCAT approved the agreement, subject to certain minor modifications that addressed specific concerns raised during the hearing.

The final orders included the approval of the 2024 Medical Officer Agreement, with the modifications specified in the NCAT's decision. The tribunal also directed that the agreement be implemented and enforced in accordance with the terms set out in the decision, ensuring that both St Vincent's Hospital Sydney Limited and the affiliated health organisations adhere to the agreed-upon conditions for the employment of medical officers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established