St Vincent’s Private Hospital Sydney

[2019] FWCA 5866

[2019] FWCA 5866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospital Sydney
(AG2019/1461)

ST VINCENT’S PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 AUGUST 2019

Application for approval of the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by St Vincent’s Private Hospital Sydney (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 33(i) of the Agreement, which expresses the entitlement to personal/carer’s leave in hours rather than days; and

•  Clause 36(xvi) of the Agreement, which states that where, because of an illness or risk associated with pregnancy, an employee will be transferred to a position which is “as close as possible in status and salary” as the employee’s substantive position.

[5] The Australian Nursing and Midwifery 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A