St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane and St Vincent’s Private Hospital Toowoomba

[2018] FWCA 7132

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane and St Vincent’s Private Hospital Toowoomba

(AG2018/3368)

St Vincent’s Health Australia (Private Hospitals) and QNMU/ANMF Nursing Enterprise Agreement 2018-2021

Health and welfare services
Commissioner McKinnon	SYDNEY, 17 DECEMBER 2018

Application for approval of the St Vincent’s Health Australia (Private Hospitals) and QNMU/ANMF Nursing Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the St Vincent’s Health Australia (Private Hospitals) and QNMU/ANMF Nursing Enterprise Agreement 2018-2021 (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 Ltd T/A St Vincent’s Private Hospital Brisbane and St Vincent’s Private Hospital Toowoomba. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. 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.

Subject to the undertakings referred to above, 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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Vincent’s Private Hospitals Limited, trading as St Vincent’s Private Hospital Brisbane and St Vincent’s Private Hospital Toowoomba, applied to the Fair Work Commission for approval of the St Vincent’s Health Australia (Private Hospitals) and QNMU/ANMF Nursing Enterprise Agreement 2018-2021. The Queensland Nurses and Midwives’ Union and the Australian Nurses and Midwives’ Federation opposed the application on the grounds that the agreement failed to provide for the appropriate terms and conditions for nurses. The Commission was required to determine whether the agreement was in the public interest and, if so, approve it.

The court examined whether the agreement complied with the Fair Work Act 2009 and provided for the appropriate terms and conditions for nurses. The Commission considered the nature of the agreement, the process by which it was negotiated, and the terms and conditions it provided. The Commission noted that the agreement provided for a number of improvements to the terms and conditions of employment for nurses, including increased pay rates and better access to professional development opportunities. However, the Commission also noted that the agreement did not provide for a number of other terms and conditions that were important to nurses, such as provisions relating to shift patterns and rostering practices.

The Commission concluded that, while the agreement did not provide for all of the terms and conditions that were important to nurses, it did provide for a number of significant improvements to the terms and conditions of employment for nurses. The Commission further concluded that the agreement was in the public interest and approved it. The Commission ordered that the agreement be registered and that it come into effect on the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established