DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy
(AG2016/4575)

ST VINCENT’S PRIVATE HOSPITALS LTD VICTORIA AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION AND HEALTH SERVICES UNION NURSES ENTERPRISE AGREEMENT 2016 (‘THE AGREEMENT’)

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the St Vincent’s Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation and Health Services Union Nurses Enterprise Agreement 2016 (‘the Agreement’).

[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 and Health Services Union Nurses Enterprise Agreement 2016 (‘the Agreement’) (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 Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, St Vincent’s Private Hospitals Ltd Victoria sought approval for the Agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The primary dispute revolved around the application for approval of the enterprise agreement, specifically addressing concerns regarding pay rates and allowances for nurses and midwives within the agreement. The Commission was tasked with determining whether the agreement complied with the necessary legal standards and whether it was fair and reasonable in the context of the industrial relations framework.

The central legal issues the Commission had to resolve involved the assessment of the agreement’s compliance with the Fair Work Act 2009, particularly sections pertaining to the approval process for enterprise agreements. The Commission examined whether the agreement met the criteria for being a "bare essentials" agreement, the fairness test, and whether it was made in good faith. Additionally, the Commission considered the parties' bargaining positions, the procedural fairness in the negotiation process, and the overall balance of the agreement in terms of its provisions and protections for the employees.

After thorough deliberation, the Fair Work Commission found that the Agreement met the statutory requirements and was fair and reasonable. The Commission concluded that the agreement was made in good faith and fulfilled the criteria for a "bare essentials" agreement. The Commission noted that the agreement provided adequate protections and benefits for the employees, balancing the interests of both the employer and the employees. Consequently, the Commission approved the agreement, affirming its compliance with the Fair Work Act and its alignment with the broader industrial relations objectives.

The final orders of the Commission included the approval of the Agreement as a certified agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, effective from the date of the decision. This ruling ensures that the Agreement will govern the employment terms and conditions of nurses and midwives at St Vincent’s Private Hospitals Ltd Victoria for the specified period, subject to the terms and conditions set out in the approved agreement.

St Vincent’s Private Hospitals Ltd Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established