DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armfleat Pty Ltd T/A Western Hospital
(AG2018/271)

WESTERN HOSPITAL, HOSPITAL STAFF ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Western Hospital, Hospital Staff Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Western Hospital, Hospital Staff Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armfleat Pty Ltd T/A Western Hospital. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] Subject to the undertakings referred to above, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Armfleat Pty Ltd, trading as Western Hospital, applied for approval of the Western Hospital, Hospital Staff Enterprise Agreement 2017-2020. The application was brought by the Health Services Union of Australia (HSU), the union representing the hospital’s staff. The dispute centred on whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement complied with the statutory requirements for minimum entitlements, provided for the fair and equitable treatment of employees, and was free from any unfair content. Additionally, the Commission needed to determine whether the agreement had been made in accordance with the procedural prerequisites set out in the Act.

The Commission found that the agreement was compliant with the minimum standards required by the Fair Work Act and did not contain any unfair provisions. It was also satisfied that the agreement had been made following the appropriate procedures. The Commission noted that the agreement provided for fair and reasonable terms of employment, including provisions for wage increases, entitlements, and working conditions, which were considered to be equitable and in line with industry standards.

Consequently, the Commission approved the Western Hospital, Hospital Staff Enterprise Agreement 2017-2020, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the hospital staff are legally recognised and enforceable, providing certainty and stability in the employment relationship.

Armfleat Pty Ltd T/A Western Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established