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

[2025] FWCA 643

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

(AG2024/5264)

ST VINCENT’S PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2024-2027

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 FEBRUARY 2025

Application for approval of the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Nurses’ Enterprise Agreement 2024-2027 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Nursing and Midwifery Federation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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, and its nurses, represented by the Registered Nurses’ and Midwives’ Union. The dispute centred on the application for the approval of the St Vincent's Private Hospital Nurses’ Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements.

The legal issues before the court included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically concerning the provisions for minimum wages, penalty rates, and other terms and conditions of employment. The court had to determine if the agreement was procedurally sound, whether it included all mandatory terms, and if it was in the best interests of the employees.

The Fair Work Commission found that the agreement met all the necessary requirements under the Fair Work Act. The commission considered the evidence presented regarding the bargaining process, the fairness of the terms, and the benefits to the employees. The commission noted the union's representation of the nurses and the hospital's commitment to the agreed terms. The court approved the enterprise agreement, finding it to be fair and reasonable.

The final orders of the court approved the St Vincent's Private Hospital Nurses’ Enterprise Agreement 2024-2027 as compliant with the Fair Work Act. The agreement was set to take effect from the specified commencement date, ensuring that the terms and conditions for the nurses were legally binding and enforceable.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established