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

[2018] FWCA 918

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/4577)

Delmont Private Hospital and Health ProfessIonals Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 12 FEBRUARY 2018

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

On 2 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 Health Professionals 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.

The Agreement was lodged within 14 days after it was made.

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.

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.

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.
The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 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

The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital applied for the approval of the Delmont Private Hospital and Health Professionals Enterprise Agreement 2017. The dispute involved the terms of the proposed enterprise agreement, which sought to regulate employment conditions between the hospital and various health professionals, including nurses and allied health staff. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms, met the requirements for good faith bargaining, and did not include terms that were contrary to public policy. Additionally, the Commission needed to determine if the agreement was made in accordance with the statutory minimum entitlements outlined in the Fair Work Act.

The Commission found that the proposed agreement was compliant with the Fair Work Act. It determined that the agreement was fair and reasonable, reflected good faith bargaining, and did not include any terms that were contrary to public policy. The Commission also confirmed that the agreement adhered to the statutory minimum entitlements as required by the Fair Work Act. Consequently, the Commission approved the Delmont Private Hospital and Health Professionals Enterprise Agreement 2017.

The Fair Work Commission approved the Delmont Private Hospital and Health Professionals Enterprise Agreement 2017. The decision was made on the basis that the agreement met all the legal requirements under the Fair Work Act 2009, including being fair and reasonable, reflecting good faith bargaining, and complying with statutory minimum entitlements. This approval ensures that the terms of the agreement will govern the employment conditions of the relevant health professionals at 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