St Vincent's Private Hospitals Ltd Trading AS St Vincent's Private Hospitals Summary

[2025] FWCA 1251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd Trading AS St Vincent’s Private Hospitals

(AG2025/933)

ST VINCENT’S PRIVATE HOSPITALS LTD VICTORIA AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 15 APRIL 2025

Application for approval of the St Vincent’s Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation Nurses and Midwives Enterprise Agreement 2024

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 and Midwives Enterprise Agreement 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 Hospitals Ltd trading as St Vincent’s Private Hospitals. The Agreement is a single enterprise agreement.

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. St Vincent’s Private Hospitals and the Australian Nursing and Midwifery Federation (ANMF) have both expressed a view that the Agreement passes the better off overall test. I have given primary consideration to this common view in accordance with s.193A(4) of the Act.

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 organisation. The ANMF supports approval of the Agreement.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent's Private Hospitals Ltd, trading as St Vincent's Private Hospitals, applied for the approval of the St Vincent's Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation Nurses and Midwives Enterprise Agreement 2024. The application was heard by the Fair Work Commission. The primary dispute centred on whether the enterprise agreement met the necessary legal and procedural standards for approval under the Fair Work Act 2009. Specifically, the agreement sought to establish terms and conditions for nurses and midwives employed by St Vincent's Private Hospitals.

The court needed to determine whether the agreement was fair and reasonable, and if it adhered to the legislative requirements for enterprise agreements. This involved examining whether the agreement provided for fair remuneration and conditions, and whether it was negotiated in good faith. The court also had to consider if the agreement contained any provisions that were contrary to the public interest or that failed to meet the Fair Work Act's criteria.

After reviewing the evidence and submissions, the Fair Work Commission found that the St Vincent's Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation Nurses and Midwives Enterprise Agreement 2024 was fair and reasonable. The agreement was deemed to be negotiated in good faith and met all the statutory requirements. The court confirmed that the agreement provided for fair remuneration and conditions and did not contain any provisions contrary to the public interest. As a result, the commission approved the agreement.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, which would now govern the employment terms and conditions of the nurses and midwives at St Vincent's Private Hospitals. The agreement was to be registered with the Fair Work Commission and would take effect from the specified date.

St Vincent's Private Hospitals Ltd Trading AS St Vincent's Private Hospitals

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established