DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust
(AG2020/3395)

DELMONT PRIVATE HOSPITAL AND PSYCHOLOGISTS ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Delmont Private Hospital and Psychologists 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 Psychologists Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 30 December 2022.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Trustee for the Delmont Hospital Unit Trust, who applied for approval of the Delmont Private Hospital and Psychologists Enterprise Agreement 2020. This application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary standards and requirements set out by the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act and whether it contained all the mandatory terms and conditions that must be included in an enterprise agreement. Specifically, the Commission had to assess whether the agreement was properly negotiated and if it satisfied the good faith bargaining and no-disadvantage provisions of the legislation.

The Fair Work Commission found that the agreement did not adequately address the no-disadvantage test, as it did not ensure that the employees would not be worse off under the new agreement compared to their previous terms. The Commission noted that the agreement failed to provide clear protections and benefits that would ensure employees were not disadvantaged financially or in terms of conditions. Consequently, the application for approval was dismissed. The Commission ordered that the agreement be returned to the parties for further negotiation and amendment to address the deficiencies identified in the decision.

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