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

[2024] FWCA 453

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

(AG2024/2)

WESTERN PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER CONNOLLY	MELBOURNE, 1 FEBRUARY 2024

Application for approval of the Western Private Hospital Nurses Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Western Private Hospital Nurses Enterprise Agreement 2023 (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 19 January 2024.

The notification time for the Agreement under s.173(2) was 4 September 2023 and the Agreement was made on 22 December 2023. 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 January 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Applicant has provided written undertakings, dated 24 January 2024, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

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) 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 24 January 2028.

COMMISSIONER

Annexure A

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stanlake Private Hospital Pty. Ltd., trading as Western Private Hospital, applied for the approval of the Western Private Hospital Nurses Enterprise Agreement 2023. The respondent, the Australian Nursing and Midwifery Federation (WA Branch), represents the nurses who are the subject of the agreement. The dispute revolves around the terms and conditions of employment for the nurses, including wages, hours of work, and other employment-related matters.

The primary legal issue the Commission had to address was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum terms and conditions, included appropriate mechanisms for dispute resolution, and adhered to other legislative requirements. The Commission also needed to consider if the agreement was made in good faith and whether it was genuinely negotiated between the parties.

The Fair Work Commission found that the Western Private Hospital Nurses Enterprise Agreement 2023 was in compliance with the statutory requirements. The Commission noted that the agreement provided for the minimum terms and conditions of employment, included effective dispute resolution mechanisms, and appeared to have been genuinely negotiated between the parties. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for approval under the Act. The decision highlights the importance of ensuring that enterprise agreements are both fair and meet the legal standards set out in the Fair Work Act.

The final orders of the Commission were to approve the Western Private Hospital Nurses Enterprise Agreement 2023, effective from 1 July 2023. The Commission's approval is subject to the agreement being registered with the Fair Work Commission Register, which is a necessary step for the agreement to have legal effect. This decision provides clarity on the approval process for enterprise agreements and reinforces the role of the Fair Work Commission in overseeing the negotiation and approval of such agreements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established