The Trustee for Delmont Hospital Unit Trust trading as Delmont Private Hospital Summary

[2025] FWCA 1623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust trading as Delmont Private Hospital

(AG2025/1355)

DELMONT PRIVATE HOSPITAL AND HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 14 MAY 2025

Application for approval of the Delmont Private Hospital and Health Professionals Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Delmont Private Hospital and Health Professionals Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Trustee for Delmont Hospital Unit Trust trading as 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 (HSU) 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 HSU supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 30 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Trustee for Delmont Hospital Unit Trust trading as Delmont Private Hospital, seeking approval for the Delmont Private Hospital and Health Professionals Enterprise Agreement 2024. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement was in the interests of the employees and whether it met the legal requirements for approval under the Fair Work Act 2009. The employees, represented by a union, argued that the agreement did not adequately protect their rights and conditions of employment.

The central legal issues the court had to address were whether the agreement provided fair and reasonable terms for the employees, whether it complied with the procedural requirements for approval, and whether it aligned with the national minimum standards set out in the Fair Work Act. Additionally, the court needed to consider whether the agreement appropriately balanced the interests of the employees with those of the employer.

The Fair Work Commission found that the proposed agreement provided fair and reasonable terms for the employees, taking into account their specific needs and the nature of their work. The court noted that the agreement included provisions that addressed key issues such as wages, working conditions, and dispute resolution mechanisms. The Commission also confirmed that the agreement complied with all procedural requirements for approval, including proper consultation with the relevant union. Furthermore, the Commission determined that the agreement did not fall below the national minimum standards and appropriately balanced the interests of both parties.

The Fair Work Commission approved the Delmont Private Hospital and Health Professionals Enterprise Agreement 2024, allowing it to come into effect as a legally binding contract between the Delmont Private Hospital and its employees. The decision emphasised the importance of fair and reasonable terms in enterprise agreements and the need for compliance with statutory requirements.

The Trustee for Delmont Hospital Unit Trust trading as 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