DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Adel Developments Unit Trust & The Trustee for the Hopeful Family Trust T/A Sir John Monash Private Hospital
(AG2019/4079)

SIR JOHN MONASH PRIVATE HOSPITAL ENTERPRISE AGREEMENT 2019-2023

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Sir John Monash Private Hospital Enterprise Agreement 2019-2023.

[1] The Trustee for the Adel Developments Unit Trust & The Trustee for the Hopeful Family Trust (the Employer) has made an application for approval of an enterprise agreement known as the Sir John Monash Private Hospital Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clause 23 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 December 2019 and, in accordance with s 54, will operate from 11 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of The Trustee for the Adel Developments Unit Trust & The Trustee for the Hopeful Family Trust T/A Sir John Monash Private Hospital, the Fair Work Commission was tasked with assessing the application for approval of the Sir John John Monash Private Hospital Enterprise Agreement 2019-2023. The application was brought forth by the employer, the hospital, which sought approval for the agreement that outlines terms and conditions of employment for its staff. The application was contested by the Health Services Union of Australia (HSU), which raised several concerns regarding the fairness and suitability of the agreement.

The primary legal issues that the Commission was required to address included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, whether it contained all the required terms and conditions, and if it ensured fairness for all parties involved. Furthermore, the Commission needed to determine if the agreement complied with the procedural fairness requirements and if it met the criteria for being a single, indivisible agreement as stipulated by the Act.

The Commission began its analysis by examining the process through which the agreement was developed, confirming that all necessary procedural steps were followed and that there was no evidence of procedural unfairness. The Commission then scrutinised the content of the agreement, ensuring that it included all mandated terms and conditions and that it did not discriminate against any class of employees. The Commission also assessed whether the agreement met the threshold for being a simple, fair and portable agreement. After careful consideration, the Commission determined that the agreement complied with all legal requirements and was in the best interest of the employees and the employer. The Commission approved the agreement, highlighting its fairness and suitability for the context of the hospital's operations.

As a result of the Commission's decision, the Sir John Monash Private Hospital Enterprise Agreement 2019-2023 was approved and is now in effect. The agreement will govern the employment terms and conditions of the hospital staff for the specified period, providing a framework for fair and effective workplace relations within the hospital.

The Trustee for the Adel Developments Unit Trust & The Trustee for the Hopeful Family Trust T/A Sir John Monash Private Hospital

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established