DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital
(AG2017/5068)

DELMONT PRIVATE HOSPITAL AND PSYCHOLOGISTS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 15 FEBRUARY 2018

Application for approval of the Delmont Private Hospital and Psychologists Enterprise Agreement 2017.

[1] On 25 October 2017 The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital (Applicant) made an application for approval of the Delmont Private Hospital and Psychologists Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Health Services Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 February 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 Psychologists Enterprise Agreement 2017. The application for approval was made by the Delmont Private Hospital, and the matter was heard by Deputy President Mortimer. The dispute centred on whether the proposed enterprise agreement should be approved by the Commission, taking into account the legal requirements and the interests of the parties involved.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as outlined in the Act. Furthermore, the Commission had to consider whether the agreement would have a detrimental effect on the parties' employees or the broader community.

The Deputy President concluded that the application should be granted, finding that the agreement was made in good faith and contained all the required minimum terms and conditions. The Deputy President noted that the parties had engaged in good faith bargaining and that the agreement reflected the outcomes of that process. Additionally, the Deputy President found that the agreement would not have an adverse impact on the employees or the community. As such, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Delmont Private Hospital and Psychologists Enterprise Agreement 2017. The Deputy President's decision provides guidance for employers and employees in the healthcare sector, demonstrating the importance of good faith bargaining and the need for enterprise agreements to meet the statutory requirements set out in the Fair Work Act 2009.

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