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

[2024] FWCA 994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/594)

DELMONT PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 21 MARCH 2024

Application for approval of the Delmont Private Hospital Nurses Enterprise Agreement 2023.

The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital (the Employer) has made an application for approval of an enterprise agreement known as the Delmont Private Hospital Nurses Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 11 September 2023 and the Agreement was made on 26 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 21 March 2024 and, in accordance with s.54 of the FW Act, will operate from 28 March 2024. The nominal expiry date of the Agreement is 11 March 2028.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the trustee for the Delmont Hospital Unit Trust, trading as Delmont Private Hospital, who sought approval of the Delmont Private Hospital Nurses Enterprise Agreement 2023. The application was brought before the Fair Work Commission, which has jurisdiction over matters related to workplace agreements under the Fair Work Act 2009. The primary concern was whether the agreement met the statutory requirements and whether it was in the best interest of the nurses and the hospital.

The court had to determine if the agreement provided a fair and reasonable balance of rights and obligations between the parties. This involved assessing whether the agreement complied with the legislative framework, including the Fair Work Act and any relevant regulations or codes of practice. Additionally, the court had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations. It also needed to ensure that the agreement was not detrimental to the economic wellbeing of the nurses.

The Fair Work Commission found that the agreement was fair and reasonable, as it met all statutory requirements and promoted cooperative workplace relations. The agreement provided for fair terms and conditions of employment, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement was not detrimental to the economic wellbeing of the nurses and would benefit both the nurses and the hospital by fostering a productive and harmonious workplace. The court approved the agreement, allowing it to be registered and enforceable.

The final orders of the Commission included the approval and registration of the Delmont Private Hospital Nurses Enterprise Agreement 2023, which became effective from the date of the decision. The agreement was to be binding on all parties, including the trustee, the nurses, and any other relevant parties. The court's decision provided clarity and certainty for the parties involved and ensured that the agreement was in compliance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established