The Congregation of Religious Sisters of Charity of Australia T/A St Vincent's Private Hospital Sydney

[2024] FWCA 2571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Congregation of Religious Sisters of Charity of Australia T/A St Vincent’s Private Hospital Sydney

(AG2024/2116)

ST VINCENT’S PRIVATE HOSPITAL DARLINGHURST MEDICAL IMAGING ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 10 JULY 2024

Application for the approval of St Vincent’s Private Hospital Darlinghurst Medical Imaging Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Darlinghurst Medical Imaging Enterprise Agreement 2023 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Congregation of Religious Sisters of Charity of Australia T/A St Vincent’s Private Hospital Sydney (the Applicant) The Agreement is a single enterprise agreement. The Health Services Union (HSU) was a bargaining representative for the Agreement.

The Commission must approve the Agreement if satisfied that the requirements in ss.186 and 187 are met.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Based on the material filed and submissions made in support of the application I am satisfied that each of the requirements of ss.186, 187, as are relevant to this application for approval have been met.

The HSU, 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 was approved on 10 July 2024 and, in accordance with s.54, will operate from 17 July 2024. The nominal expiry date of the Agreement at clause 3 is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Congregation of Religious Sisters of Charity of Australia T/A St Vincent’s Private Hospital Sydney sought approval for the St Vincent’s Private Hospital Darlinghurst Medical Imaging Enterprise Agreement 2023, which was the subject of an application before the Fair Work Commission. The application aimed to ensure the agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement sought to govern the terms and conditions of employment for medical imaging staff at the hospital.

The legal issues before the Commission included whether the agreement provided for the mandatory matters as outlined in the Fair Work Act, whether it ensured the best interests of the employees, and if it adhered to procedural fairness. Additionally, the Commission needed to assess whether the agreement was genuinely negotiated and if it met the requirements for approval under the relevant legislation.

The Commission found that the application for approval was properly made and that the agreement met the statutory requirements for mandatory matters. The Commission was satisfied that the agreement provided for the best interests of the employees and adhered to procedural fairness. It was also determined that the agreement was genuinely negotiated between the employer and the employees’ representatives. Based on these findings, the Commission approved the St Vincent’s Private Hospital Darlinghurst Medical Imaging Enterprise Agreement 2023.

The final orders of the Commission included the approval of the St Vincent’s Private Hospital Darlinghurst Medical Imaging Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified medical imaging staff at the hospital until the next agreement was negotiated or a termination occurred as per the agreement or the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established