DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armfleat Pty Ltd T/A Western Hospital
(AG2018/272)

WESTERN HOSPITAL ADMINISTRATION STAFF ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Western Hospital Administration 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

The matter before the Fair Work Commission involved Armfleat Pty Ltd trading as Western Hospital, which sought approval for the Western Hospital Administration Staff Enterprise Agreement 2017-2020. The application was brought before the Fair Work Commission, which needed to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with assessing the fairness and appropriateness of the agreement, taking into consideration the implications for the employees and the overall operations of the hospital.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural requirements outlined in the Fair Work Act and whether it met the 'better off overall test'. This test required the Commission to consider whether the proposed agreement would provide employees with a better overall package of pay and conditions than the existing law. Additionally, the Commission had to ensure that the agreement did not contain any provisions that would be contrary to public policy or otherwise unenforceable.

In rendering its decision, the Fair Work Commission examined the evidence presented and the arguments made by both parties. The Commission found that the proposed agreement was procedurally sound and had been negotiated in good faith. It also determined that the agreement provided employees with a better overall package of pay and conditions compared to the existing law, thereby satisfying the better off overall test. The Commission further concluded that there were no provisions in the agreement that contravened public policy or were otherwise unenforceable. Based on these findings, the Commission approved the Western Hospital Administration Staff Enterprise Agreement 2017-2020.

The final orders of the Fair Work Commission approved the agreement as lodged, effective from 1 July 2017. The approval included provisions for wages, hours of work, leave entitlements, and other terms and conditions of employment for the hospital's administration staff. The decision confirmed the agreement's compliance with the requirements of the Fair Work Act and ensured that the employees would benefit from the enhanced terms and conditions outlined in the agreement.

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