DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Limited T/A Mater Hospital Sydney and St Vincent’s Private Community Hospital Griffith
(AG2017/2008)

MATER HOSPITAL NORTH SYDNEY AND ST VINCENT’S PRIVATE COMMUNITY HOSPITAL GRIFFITH NURSES’ AND MIDWIVES’ ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 JULY 2017

Application for approval of the Mater Hospital North Sydney and St Vincent’s Private Community Hospital Griffith Nurses’ and Midwives’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mater Hospital North Sydney and St Vincent’s Private Community Hospital Griffith Nurses’ and Midwives’ 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 Hospitals Limited T/A Mater Hospital Sydney and St Vincent’s Private Community Hospital Griffith. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2017. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the applicant, St Vincent’s Private Hospitals Limited, trading as Mater Hospital Sydney and St Vincent’s Private Community Hospital Griffith, sought approval for the Mater Hospital North Sydney and St Vincent’s Private Community Hospital Griffith Nurses’ and Midwives’ Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for nurses and midwives working at the two hospitals, and whether these terms complied with the Fair Work Act 2009.

The primary legal issues before the court were whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly in relation to the “better off overall test” (BOOT), and whether the agreement was in accordance with the “good faith” obligations of the parties. The applicant argued that the proposed agreement would benefit the employees by providing them with improved terms and conditions of employment, while the respondent, the Registered Nurses’ and Midwives’ Union, contended that the agreement failed to meet the BOOT and was not negotiated in good faith.

The court found that the applicant had satisfied the BOOT by demonstrating that the proposed agreement would provide employees with overall financial benefits and improvements to their working conditions. The court also determined that the agreement had been negotiated in good faith, despite some procedural irregularities, as the parties had made a genuine effort to reach a resolution. The court concluded that the applicant had met the requirements of the Fair Work Act, and approved the proposed enterprise agreement.

The court ordered that the Mater Hospital North Sydney and St Vincent’s Private Community Hospital Griffith Nurses’ and Midwives’ Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered from the date of the court’s decision, and would apply to the employees covered by the agreement from that date. The court also ordered that the applicant pay the respondent’s costs of the application.

St Vincent’s Private Hospitals Limited T/A Mater Hospital Sydney and St Vincent’s Private Community Hospital Griffith

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established