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

[2025] FWCA 694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2025/206)

DELMONT PRIVATE HOSPITAL, HEALTH AND ALLIED EMPLOYEES AND ADMINISTRATIVE OFFICERS ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 24 FEBRUARY 2025

Application for approval of the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2024

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 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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 3 March 2025. The nominal expiry date of the Agreement is 30 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Trustee for Delmont Hospital Unit Trust, trading as Delmont Private Hospital, applied to the Fair Work Commission for approval of the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2024. The application was contested by the Australian Nursing and Midwifery Federation, who argued that the proposed agreement did not adequately address various employment terms and conditions, including pay rates, leave entitlements, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable method of determining remuneration, contained appropriate provisions for leave entitlements, and included adequate mechanisms for resolving disputes between the employer and employees. The Commission also considered whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission examined if the agreement provided for a fair and reasonable method of determining remuneration, contained appropriate provisions for leave entitlements, and included adequate mechanisms for resolving disputes between the employer and employees.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement against the statutory criteria set out in the Fair Work Act. The Commission found that while the proposed agreement contained provisions that were generally fair and reasonable, certain aspects required modification to ensure full compliance with the Act. After considering submissions from both parties, the Commission made several amendments to the agreement to address the identified issues. These amendments included adjustments to pay rates, clarification of leave entitlements, and enhancements to the dispute resolution mechanisms. Following these modifications, the Commission was satisfied that the agreement met the necessary requirements for approval.

The Fair Work Commission approved the amended Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2024, subject to the conditions and modifications outlined in the decision. The Commission's approval was contingent upon the agreement being implemented in accordance with the specified terms and conditions. The final orders required the Trustee for Delmont Hospital Unit Trust to provide a copy of the approved agreement to the Commission within 14 days of the decision and to ensure that all employees were informed of the agreement's contents and their rights under it.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established