DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospital
(AG2017/2021)

ST VINCENT’S PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 26 JUNE 2017

Application for approval of the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2017 (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 Private Hospital. The Agreement is a single 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 Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent’s Private Hospital sought approval for the Nurses’ Enterprise Agreement 2017. The application was made to the Fair Work Commission (FWC), which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose from disagreements between the hospital and the nurses' union regarding the terms of the proposed agreement.

The FWC needed to decide if the agreement complied with the procedural requirements and substantive fairness standards set out in the Act. Key issues included whether the agreement was made in good faith, whether there was genuine bargaining, and if the terms of the agreement were fair and reasonable. The hospital argued that the agreement was the result of genuine negotiations and was in the best interests of the nurses and the hospital. The union contended that certain terms of the agreement were unreasonable and did not meet the standards of procedural and substantive fairness.

The FWC concluded that the agreement was made in good faith and through genuine bargaining. The Commission found that the terms of the agreement were fair and reasonable, considering the overall context and the interests of both parties. The hospital had demonstrated that it had made a genuine effort to negotiate and that the agreement reflected a fair outcome for the nurses. The union's concerns about specific terms were addressed, and the Commission was satisfied that the agreement met the necessary criteria for approval.

The FWC approved the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2017. This decision confirmed the validity of the agreement and set a precedent for similar agreements in the healthcare sector.

St Vincent’s Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established