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

[2022] FWCA 4150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4754)

Delmont Private Hospital and Health Professionals Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 28 NOVEMBER 2022

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

Delmont Private Hospital has applied for approval of an enterprise agreement known as the Delmont Private Hospital and Health Professionals Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 5 December 2022. The nominal expiry date of the Agreement is 30 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital, the Fair Work Commission was tasked with approving the Delmont Private Hospital and Health Professionals Enterprise Agreement 2022. The dispute arose between the employer, Delmont Private Hospital, and the union representing the health professionals, Australian Health Services Union. The union sought approval of the enterprise agreement, which detailed terms and conditions of employment for its members.

The central legal issues before the Commission involved assessing whether the agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. The Commission needed to determine if the agreement was fairly reached, contained the necessary minimum terms and conditions, and did not unfairly discriminate against employees. The Commission also needed to ensure that the agreement was consistent with the overarching objective of achieving productive and harmonious workplace relations.

The Commission examined the evidence presented by both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was fairly negotiated and contained all the mandated minimum terms and conditions. The Commission concluded that the agreement did not unfairly discriminate against any employees and was consistent with the objectives of the Fair Work Act. Accordingly, the Commission approved the agreement, recognising its fairness and compliance with statutory requirements.

As a result of the Commission's approval, the Delmont Private Hospital and Health Professionals Enterprise Agreement 2022 is now legally binding on the parties. This decision ensures that the terms and conditions of employment for the health professionals at Delmont Private Hospital are formally recognised and regulated by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established