The Trustees of the Roman Catholic Church for the Diocese of Lismore T/A St Vincent’s Private Hospital

[2022] FWCA 1494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustees of the Roman Catholic Church for the Diocese of Lismore T/A St Vincent’s Private Hospital

(AG2022/1142)

St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2020 - 2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 MAY 2022

Application for approval of the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2020 - 2022

An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2020 - 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 May 2022. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved a dispute between the Trustees of the Roman Catholic Church for the Diocese of Lismore, trading as St Vincent’s Private Hospital, and the Registered Nurses’ Union of New South Wales. The hospital sought approval for the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2020-2022. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "direct replacement" of the existing enterprise agreement and if it met the necessary criteria for "better off overall" as stipulated by the Act. The Commission examined the provisions of the proposed agreement, including the terms and conditions of employment, and assessed if these changes would result in an overall improvement for the nurses.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. It determined that the proposed agreement was indeed a direct replacement of the existing agreement and evaluated the "better off overall" test. The Commission considered the financial implications, working conditions, and other benefits as outlined in the agreement. After thorough analysis, the Commission concluded that the proposed enterprise agreement met the statutory requirements and was fair and reasonable. The Commission found that the agreement was consistent with the Fair Work Act and would result in a better overall position for the nurses. Therefore, the Commission approved the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2020-2022.

In its decision, the Commission emphasised the importance of ensuring that the terms of the enterprise agreement were fair and reasonable for both the hospital and the nurses. The Commission acknowledged the need for a balanced approach that considered the interests of both parties. The approval of the agreement reflected the Commission’s commitment to facilitating fair industrial relations practices and ensuring that the agreement provided an overall benefit to the nurses. The final orders included the approval of the enterprise agreement, effective from the date of the decision. This outcome provided clarity and certainty for both the hospital and the nurses, allowing for the implementation of the new terms and conditions as agreed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established