DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust t/a Delmont Private Hospital
(AG2020/541)

DELMONT PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 25 MARCH 2020

Application for approval of the Delmont Private Hospital Nurses Enterprise Agreement 2019.

[1] Delmont Private Hospital has applied for approval of a single enterprise agreement known as the Delmont Private Hospital Nurses Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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.

[3] The Australian Nursing and Midwifery Federation (Victorian Branch), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 25 March 2020 and, in accordance with s.54, will operate from 1 April 2020. The nominal expiry date of the Agreement is 25 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Trustee for Delmont Hospital Unit Trust trading as Delmont Private Hospital, and the union representing nurses employed by the hospital. The union had submitted an application for the approval of the Delmont Private Hospital Nurses Enterprise Agreement 2019. The central issue was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement was free from prohibited content, was genuinely a bargain between the parties, and met the minimum safety net conditions.

The commission began by examining the content of the agreement to ensure it did not include prohibited matters such as those related to political activities or industrial action not permitted by law. The commission found that the agreement adhered to these requirements, as it did not include any such prohibited content. Next, the commission assessed whether the agreement was a genuine bargain. This involved scrutinising the negotiation process and the terms of the agreement to ensure that they reflected a true negotiation between the parties, rather than being imposed unilaterally. The commission found that the evidence presented demonstrated a genuine negotiation process and that the terms of the agreement reflected this. Finally, the commission considered whether the agreement met the minimum safety net conditions, including minimum wages and conditions for the employees covered by the agreement. The commission confirmed that the agreement met these minimum standards.

Based on these findings, the Fair Work Commission approved the Delmont Private Hospital Nurses Enterprise Agreement 2019. The decision confirmed that the agreement was free from prohibited content, genuinely negotiated, and met the minimum safety net conditions. The approval of the agreement ensures that the terms and conditions of employment for the nurses at Delmont Private Hospital are legally compliant and fairly negotiated.

The Trustee for Delmont Hospital Unit Trust t/a Delmont Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established