Stanlake Private Hospital Pty Ltd Summary

[2016] FWCA 2730

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Stanlake Private Hospital Pty Ltd t/a Western Private Hospital
(AG2016/2709)
WESTERN PRIVATE HOSPITAL NURSES ENTERPRISE
AGREEMENT 2016
Health and welfare services
COMMISSIONER ROE	MELBOURNE, 3 MAY 2016

Application for approval of the Western Private Hospital Nurses Enterprise Agreement 2016.

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

Western Private Hospital Nurses Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Stanlake Private Hospital Pty Ltd t/a Western Private Hospital. The Agreement is a single

enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation being a bargaining representative

for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to

cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 2730

[4] The Agreement was approved on 3 May 2016 and, in accordance with s.54, will

operate from 10 May 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stanlake Private Hospital Pty Ltd, trading as Western Private Hospital, applied for the approval of the Western Private Hospital Nurses Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The agreement, a single enterprise agreement, was proposed to cover the nurses employed by the hospital. The Fair Work Commission, represented by Commissioner Roe, was tasked with determining whether the agreement met the necessary criteria for approval as outlined in sections 186, 187, and 188 of the Act.

The primary legal issues before the court involved verifying whether the agreement was fairly chosen and if all relevant sections of the Act were complied with. Although the agreement did not cover all employees of the hospital, the Commissioner was satisfied that the group of employees involved was fairly selected, considering the factors in section 186(3) and (3A) of the Act. Additionally, the Australian Nursing and Midwifery Federation, as a bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover its members. The Commissioner noted that the agreement did indeed cover the organization, as required by section 201(2) of the Act.

The Commissioner concluded that all the requirements for approval had been satisfied, and thus approved the agreement. The agreement was approved on 3 May 2016 and was set to operate from 10 May 2016. The nominal expiry date of the agreement was set at 1 March 2020.

Stanlake Private Hospital Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established