DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust
(AG2020/3396)

DELMONT PRIVATE HOSPITAL, HEALTH AND ALLIED EMPLOYEES AND ADMINISTRATIVE OFFICERS ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 7 DECEMBER 2020

Application for approval of the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Delmont Private Hospital, Health and Allied Employees and Administrative Officers 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 The Trustee for Delmont Hospital Unit Trust. 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 as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia 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 of the Act, will operate from 14 December 2020. The nominal expiry date of the Agreement is 30 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the trustee of the Delmont Hospital Unit Trust for the approval of the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2020. The dispute centred around whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The applicant sought to implement a new enterprise agreement to govern the employment conditions of its workers within the Delmont Private Hospital.

The central legal issues before the commission were whether the agreement met the statutory requirements for enterprise agreements as outlined in the Fair Work Act, and if it adequately provided for the rights and obligations of both employers and employees. Specifically, the commission had to assess if the agreement complied with the good faith bargaining provisions, and if it contained all the necessary minimum terms and conditions. Additionally, the commission needed to consider whether the agreement provided adequate protections for employees and did not unfairly disadvantage any party.

In delivering its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The commission determined that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The commission also found that the agreement did not unfairly disadvantage any party and provided adequate protections for employees. Consequently, the commission approved the application for the agreement to be registered. The Fair Work Commission's approval was based on its determination that the agreement met all the statutory requirements and provided a fair and reasonable framework for the employment conditions of the workers at the Delmont Private Hospital.

The Trustee for Delmont Hospital Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established