The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital

[2025] FWCA 2283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital

(AG2025/2075)

DELMONT PRIVATE HOSPITAL AND PSYCHOLOGISTS ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 14 JULY 2025

Application for approval of the Delmont Private Hospital and Psychologists Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Delmont Private Hospital and Psychologists Enterprise Agreement 2024 (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 T/A Delmont Private Hospital. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2025. The nominal expiry date of the Agreement is 14 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Delmont Private Hospital and Psychologists Enterprise Agreement 2024. The applicant, the Trustee for the Delmont Hospital Unit Trust trading as Delmont Private Hospital, sought the court's approval of the enterprise agreement under the Fair Work Act 2009. The dispute arose from disagreements over certain terms and conditions of employment between the hospital and the relevant union representatives for the psychologists employed by the hospital.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement was fair and reasonable, whether it provided for a straightforward and clear statement of terms and conditions, and whether it complied with any applicable minimum standards set by the Act. Additionally, the court needed to assess if the agreement had been fairly negotiated and if the process of negotiation was conducted in good faith.

The court examined the submissions and evidence provided by both the applicant and the union representatives. The court considered the content of the agreement, the bargaining process, and the fairness of the terms and conditions proposed. The court found that the agreement was fair and reasonable, provided a clear statement of the terms and conditions, and complied with the minimum standards under the Act. Furthermore, the court was satisfied that the agreement had been fairly negotiated in good faith. Based on these findings, the court approved the Delmont Private Hospital and Psychologists Enterprise Agreement 2024.

The final orders of the court were to approve the enterprise agreement, effective from the date of the order. This approval meant that the terms and conditions outlined in the agreement would apply to the psychologists employed by the Delmont Private Hospital, and the agreement would be binding on both parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established