St Vincent’s Private Hospitals Ltd Summary

[2022] FWCA 4057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd

(AG2022/4473)

St Vincent’s Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2021-2024

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 18 NOVEMBER 2022

Application for approval of the St Vincent’s Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2021-2024

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 2021-2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (ANMF), 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 ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent’s Private Hospitals Ltd applied to the Fair Work Commission for approval of the St Vincent’s Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2021-2024. The Commission was required to determine whether the agreement was in the best interests of the employees and employers covered by it. The dispute involved the terms and conditions of employment of nurses and midwives working at St Vincent’s Private Hospitals Ltd, with the Queensland Nurses and Midwives’ Union/Australian Nurses and Midwifery Federation (QNMU/ANMF) acting as the bargaining representative for the employees.

The legal issues before the Commission included whether the agreement was fair and reasonable in all its terms, whether it complied with the requirements of the Fair Work Act 2009, and whether it promoted harmonious, productive, and cooperative workplace relations. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes and whether it was consistent with the National Employment Standards and the applicable minimum wages.

The Commission found that the agreement was fair and reasonable in all its terms and complied with the requirements of the Fair Work Act. It concluded that the agreement promoted harmonious, productive, and cooperative workplace relations and provided for appropriate mechanisms for resolving disputes. The Commission approved the agreement, noting that it was consistent with the National Employment Standards and the applicable minimum wages. The Commission also considered the evidence presented by the parties and the relevant legislative and regulatory framework in reaching its decision.

The Commission approved the St Vincent’s Private Hospitals Ltd and QNMU/ANMF Nursing and Midwifery Enterprise Agreement 2021-2024, effective from 1 April 2021 to 31 March 2024. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission considered the evidence presented by the parties and the relevant legislative and regulatory framework in reaching its decision. The approval of the agreement ensures that the employees and employers covered by it have a fair and reasonable set of terms and conditions of employment that promote harmonious, productive, and cooperative workplace relations.

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