Stanlake Private Hospital Pty Ltd T/A Western Private Hospital

[2020] FWCA 6017

[2020] FWCA 6017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanlake Private Hospital Pty Ltd T/A Western Private Hospital
(AG2020/3087)

WESTERN PRIVATE HOSPITAL AND HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 NOVEMBER 2020

Application for approval of the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2020.

[1] 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 2020 (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.

[3] I note that Clause 26(f)(ii) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Victorian Allied Health Professionals Association and the Health Services Union being the bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2020. The nominal expiry date of the Agreement is 30 July 2022.

DEPUTY PRESIDENT

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