St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospitals

[2021] FWCA 6669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospitals
(AG2021/7896)

ST VINCENT’S PRIVATE HOSPITALS LTD VICTORIA AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the St Vincent’s Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation Nurses Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation Nurses Enterprise Agreement 2020 (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 Hospitals. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 19 November 2021. The nominal expiry date of the Agreement is 1 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Vincent's Private Hospitals Ltd, trading as St Vincent's Private Hospitals, was before the Fair Work Commission in an application for the approval of the St Vincent's Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation Nurses Enterprise Agreement 2020. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The commission needed to determine if the agreement provided for minimum terms and conditions, did not discriminate, and met the other statutory criteria for approval.

The primary legal issue before the commission was whether the agreement complied with the Fair Work Act 2009. This required an examination of whether the agreement contained provisions for minimum terms and conditions, including pay rates, hours of work, and leave entitlements, and whether it adhered to the principles of the Act. The commission also had to ensure that the agreement did not include provisions that were contrary to public policy or discriminatory. Additionally, it was necessary to assess whether the agreement was consistent with other relevant legislation and industrial instruments.

In its decision, the commission carefully reviewed the agreement clause by clause, finding that it complied with all the necessary statutory requirements. The agreement provided for minimum terms and conditions in line with the Act, contained no discriminatory provisions, and was consistent with other relevant industrial instruments. The commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009. Consequently, the commission approved the agreement in its entirety.

The final orders of the commission included the approval of the St Vincent's Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation Nurses Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees, providing them with the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established