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

[2022] FWCA 4179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4748)

Delmont Private Hospital and Psychologists Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 NOVEMBER 2022

Application for approval of the Delmont Private Hospital and Psychologists Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Delmont Private Hospital and Psychologists Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (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 Health Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 30 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518345 PR748395

CaseChat Overview and Summary

The case involved an application by the trustee of the Delmont Hospital Unit Trust, trading as Delmont Private Hospital, to the Fair Work Commission for the approval of the Delmont Private Hospital and Psychologists Enterprise Agreement 2022. The dispute centred on whether the agreement, which had been negotiated between the hospital and the relevant employee representatives, complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement met the requirements of section 234 of the Fair Work Act, which sets out the criteria for an enterprise agreement to be approved. Specifically, the court needed to determine if the agreement provided for a fair and efficient workplace, included terms that were non-discriminatory and did not undermine the right to freedom of association, and was made in good faith and without coercion.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith, without coercion, and provided for terms and conditions that were fair and efficient. The Commission also found that the agreement did not contain any terms that were discriminatory or undermined the right to freedom of association. As such, the Commission approved the Delmont Private Hospital and Psychologists Enterprise Agreement 2022.

In light of the above, the Fair Work Commission approved the Delmont Private Hospital and Psychologists Enterprise Agreement 2022. The Commission found that the agreement met all the necessary criteria for approval under the Fair Work Act and was in the best interests of the employees and the hospital. The agreement will now be registered and will apply to the relevant employees from the effective date specified in the agreement.

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