Stanlake Private Hospital Pty. Ltd. T/A Western Private Hospital

[2024] FWCA 3943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Stanlake Private Hospital Pty. Ltd. T/A Western Private Hospital

(AG2024/3680)

WESTERN PRIVATE HOSPITAL AND HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER CONNOLLY	MELBOURNE, 12 NOVEMBER 2024

Application for approval of the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Stanlake Private Hospital Pty. Ltd. T/A Western Private Hospital (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 17 October 2024.

The notification time for the Agreement under s.173(2) was 26 March 2024 and the Agreement was made on 9 September 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 23 October 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking. Submissions were filed on 28 October 2024.

I note that should roster patterns and/or working arrangements change with respect to hours and overtime, the parties may make an application to the Commission for reconsideration of the BOOT pursuant to s.227A of the Act.

The “Health Services Union”, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 July 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

In the Fair Work Commission, Stanlake Private Hospital Pty. Ltd., trading as Western Private Hospital, applied for the approval of the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2024. The application involved the terms and conditions of employment for health professionals and support services staff. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained the mandatory minimum terms and conditions required by the Act, and whether the process followed for the agreement was procedurally fair and just. The Commission had to ensure that the agreement did not adversely affect employees' rights and entitlements, and that it complied with the relevant legislative provisions. Furthermore, the Commission assessed whether the agreement was genuinely negotiated and not imposed.

The Commission found that the agreement met the statutory requirements and was procedurally fair. It determined that the agreement included the necessary minimum terms and conditions and did not unjustifiably diminish employees' rights. The process of negotiating the agreement was deemed to be genuine, with adequate consultation and representation of the parties involved. Consequently, the Commission approved the agreement, recognising its compliance with the relevant legal standards.

The Fair Work Commission approved the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2024. The decision was made on the basis that the agreement satisfied all mandatory requirements, was procedurally fair, and genuinely negotiated. This approval now governs the employment terms for the relevant staff at the hospital.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established