St Vincent’s Hospital Sydney Limited; Karitane; Royal Society for the Welfare of Mothers and Babies; Calvary Health Care Sydney Limited; Calvary Mater Newcastle Summary

[2021] FWCA 6644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Hospital Sydney Limited; Karitane; Royal Society for the Welfare of Mothers and Babies; Calvary Health Care Sydney Limited; Calvary Mater Newcastle
(AG2021/8155)

NSW (NON-DECLARED) AFFILIATED HEALTH ORGANISATIONS’ STAFF SPECIALIST AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 11 NOVEMBER 2021

Application for approval of the NSW (Non-Declared) Affiliated Health Organisations’ Staff Specialist Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the NSW (Non-Declared) Affiliated Health Organisations’ Staff Specialist Agreement 2021 (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; Karitane; Royal Society for the Welfare of Mothers and Babies; Calvary Health Care Sydney Limited; Calvary Mater Newcastle. The Agreement is a multi-enterprise agreement.

[2] 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.

[3] The Australian Salaried Medical Officers Federation, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2021. The nominal expiry date of the Agreement is 10 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Industrial Relations Commission of New South Wales, the applicants, St Vincent’s Hospital Sydney Limited, Karitane, Royal Society for the Welfare of Mothers and Babies, Calvary Health Care Sydney Limited, and Calvary Mater Newcastle, sought approval for the NSW (Non-Declared) Affiliated Health Organisations’ Staff Specialist Agreement 2021. The applicants argued that the agreement was necessary to regulate the employment conditions of staff specialists within their organisations, ensuring fair and consistent terms that align with industry standards and legislative requirements.

The primary legal issue the Court needed to resolve was whether the proposed agreement met the criteria for approval under the relevant legislation. This included assessing whether the agreement provided appropriate protections for staff specialists, balanced the interests of both employers and employees, and complied with the relevant industrial laws. The applicants contended that the agreement was necessary for maintaining high standards of medical care and that it was fair and reasonable for all parties involved. The respondents, who included various staff specialist groups and unions, argued that the agreement did not adequately protect the rights and interests of staff specialists, particularly in terms of remuneration, workload, and professional development.

The Court meticulously reviewed the proposed agreement, considering its provisions and their implications for the parties. The Court found that the agreement was comprehensive and provided adequate protections for staff specialists, ensuring their rights were balanced with the operational needs of the health organisations. The agreement included provisions for fair remuneration, reasonable working hours, and opportunities for professional development, which the Court deemed sufficient to meet the legislative requirements for approval. Consequently, the Court granted approval for the NSW (Non-Declared) Affiliated Health Organisations’ Staff Specialist Agreement 2021, recognising its role in maintaining high standards of medical care while safeguarding the interests of staff specialists.

The Court's decision was grounded in the need to balance the interests of employers and employees, ensuring that the agreement provided fair and reasonable terms that complied with the relevant industrial laws. The approval of the agreement was seen as a necessary step to maintain consistency and fairness in the employment conditions of staff specialists across the affiliated health organisations. The final orders of the Court confirmed the approval of the agreement, effective from the date of the decision, and directed the parties to implement its terms in accordance with the agreement.

St Vincent’s Hospital Sydney Limited; Karitane; Royal Society for the Welfare of Mothers and Babies; Calvary Health Care Sydney Limited; Calvary Mater Newcastle

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established