DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust
(AG2020/3394)

DELMONT PRIVATE HOSPITAL AND HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 2 DECEMBER 2020

Application for approval of the Delmont Private Hospital and Health Professionals Enterprise Agreement 2020.

[1] Application has been made by The Trustee for Delmont Hospital Unit Trust for approval of a single enterprise agreement known as the Delmont Private Hospital and Health Professionals Enterprise Agreement 2020 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 9 December 2020. The nominal expiry date of the Agreement is 30 December 2022.

[5] The Agreement covers the Health Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for the Delmont Hospital Unit Trust applied to the Fair Work Commission for approval of the Delmont Private Hospital and Health Professionals Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment for the hospital's health professionals. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the Commission needed to ensure that the agreement had been made without undue interference or coercion and that it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement met the statutory objectives of the Act, including promoting high levels of employment and avoiding industrial disputes.

The Fair Work Commission found that the agreement had been made in good faith and without undue interference. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the health professionals, considering the unique circumstances of the private healthcare sector. The Commission also concluded that the agreement aligned with the statutory objectives of the Act, thereby meeting the criteria for approval. The Commission approved the agreement, emphasising the importance of fair terms and conditions of employment in the healthcare industry.

The final orders of the Commission were that the Delmont Private Hospital and Health Professionals Enterprise Agreement 2020 be approved and registered. The agreement was to take effect from the date of the Commission's decision and would govern the employment conditions of the hospital's health professionals for the specified period.

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