The Trustee for Delmont Hospital Unit Trust Summary

[2022] FWCA 3879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Delmont Hospital Unit Trust

(AG2022/4474)

Delmont Private Hospital, Health and AlliedEmployees and Administrative Officers Enterprise Agreement 2022

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Delmont Hospital Unit Trust. 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 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 11 November 2022. The nominal expiry date of the Agreement is 30 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Delmont Hospital Unit Trust applied for approval of the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2022. The application was made in the Fair Work Commission. The dispute involved whether the agreement complied with the requirements of the Fair Work Act 2009 and related regulations.

The central legal issues before the Commission were whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions as mandated by the Fair Work Act, and whether it met the criteria for fair and reasonable terms and conditions as per the legislative framework. The Commission had to determine if the agreement was free from any unfair discrimination and whether it included appropriate provisions for employee safety, health, and welfare.

In its decision, the Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission also determined that the agreement was fair and reasonable, and did not contain any unfair discrimination. It included appropriate provisions for employee safety, health, and welfare. Consequently, the Commission approved the agreement as it complied with the statutory requirements.

The Commission made orders approving the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2022, effective from the date of the decision. The parties were directed to give notice of the approval to all relevant stakeholders as required by the Fair Work Act. This decision sets a precedent for similar enterprise agreements in the healthcare sector, ensuring they meet the statutory requirements for approval.

The Trustee for Delmont Hospital Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established