Application for approval of the St Andrew's Hospital Clerical Enterprise Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the St Andrew's Hospital Clerical Enterprise Agreement 2025 - 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by St Andrew's Hospital Inc. (Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings (Annexure A) in support of the application for approval. In accordance with s.190(4), the views of the persons that the Commission knows are bargaining representatives for the agreement were sought. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Having regard to the material filed in support of the application including the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[4] I note that clause 1.6.4 of the Agreement provides that where there is an inconsistency between the terms of the Agreement and the NES the more beneficial entitlement of the National Employment Standards (NES) in the Act will prevail. This resolves any potential issues in relation to NES inconsistency, including in relation to clause 6.1.3 relating to the taking of paid annual leave.

[5] Clauses 8.3 and 8.4 of the Agreement contain workplace delegates' rights terms. In the matter of Construction, Forestry and Maritime Employees Union v Australian Industry Group[1] the Full Court of the Federal Court of Australia (Court) published a decision relating to delegates' rights terms in modern awards. Since that decision and in response to the conclusions of the Court, a Full Bench of the Commission[2] has determined that all modern awards are to be varied to include a new delegates' rights clause. The Full Bench determined that the new delegates' rights clause in modern awards would operate on and from 1 July 2024. I am of the view that the delegates' rights terms in the Agreement are less favourable than the term that now appears in modern awards as a result of the Full Bench decision. In accordance with s.201(1A) of the Act, I note that the delegates' rights term that now appears in the Health Professionals and Support Services Award 2020 is included in the Agreement.

[6] The Health Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the HSU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

[1] [2025] FCAFC 187.

[2] [2026] FWCFB 5.

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