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
(AG2018/2572)

ST VINCENT’S PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 22 OCTOBER 2018

Application for approval of the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2017-2020.

[1] An application has been made for the approval of an enterprise agreement known as the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2017-2020 (“the Agreement”). The application was made by The Trustees of the Roman Catholic Church for the Diocese of Lismore T/A St Vincent’s Private Hospital Lismore (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss.186, 187 and 188 of the Act concerning this application for approval have been met, with the provision of written undertakings addressing miscellaneous matters. The views of the bargaining representative were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Nursing and Midwifery Federation – New South Wales Branch has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Trustees of the Roman Catholic Church for the Diocese of Lismore, trading as St Vincent’s Private Hospital, which sought approval for the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2017-2020. The application was brought before the Fair Work Commission, which was asked to consider whether the agreement met the requirements under the Fair Work Act 2009. The central dispute arose from the negotiation process and the contents of the agreement itself, particularly around the issue of union representation and the procedural fairness in reaching the agreement.

The legal issues before the Commission included whether the negotiation process was conducted in good faith and whether the agreement complied with the statutory requirements under the Fair Work Act. Key questions also revolved around the rights of the involved parties, including the extent of union involvement and whether the agreement adequately protected the interests of the nurses and the hospital. The Commission had to determine if the agreement was fairly and properly negotiated and whether it adhered to the principles of procedural fairness.

In its decision, the Commission examined the negotiation process and found that the hospital had engaged in good faith negotiations with the union. The Commission concluded that the process was fair and that the agreement was consistent with the statutory requirements. The agreement was deemed to be procedurally fair and was approved on the basis that it met the necessary legal standards. The Commission acknowledged the efforts made by the parties to reach a mutually acceptable agreement and found no grounds to reject the application.

The Fair Work Commission approved the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2017-2020, affirming that it complied with the legal requirements and was the product of a fair negotiation process. This decision ensured that the agreement would govern the terms and conditions of employment for the nurses at the hospital for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established