St Vincent's Private Hospitals Ltd Summary

[2025] FWCA 92

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd

(AG2024/4222)

ST VINCENT’S PRIVATE HOSPITALS LTD AND QNMU/ANMF NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2024-2027

Health and welfare services
COMMISSIONER FOX	MELBOURNE, 15 JANUARY 2025

Application for approval of the St Vincent’s Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by St Vincent’s Private Hospitals Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 22 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, St Vincent's Private Hospitals Ltd sought approval for the St Vincent's Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2024-2027. The dispute involved the terms and conditions of employment for nursing and midwifery staff under the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on the agreement's provisions regarding wages, hours of work, and other terms and conditions of employment. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees and the hospital.

The Commission found that the proposed enterprise agreement contained provisions that were fair and reasonable. The agreement addressed key employment terms, including wages, hours of work, and various other conditions. The Commission was satisfied that the agreement provided for terms and conditions that were fair and reasonable, and that it was in the best interests of the employees and the hospital. Consequently, the application for approval was granted, and the agreement was registered.

The final orders of the Commission included the approval and registration of the St Vincent's Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be applied to the employees covered by the agreement, and the hospital was required to comply with the terms and conditions set out therein.

St Vincent's Private Hospitals Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established