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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Stanlake Private Hospital Pty Ltd, trading as Western Private Hospital, was the applicant seeking approval of the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2020. The application was made under section 230 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for various health professionals and support staff employed at the hospital.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and if it provided for fair and reasonable terms and conditions. The Commission had to assess whether the agreement appropriately balanced the interests of the employer and the employees, and whether it complied with all legislative obligations, including those concerning minimum wages, leave entitlements, and procedural fairness.

The Commission considered the submissions from both parties and the supporting evidence. It found that the agreement was fair and reasonable and met all statutory requirements. The terms were considered to be appropriate and reflective of the specific circumstances of the hospital and its employees. The Commission noted that the agreement had been negotiated in good faith and provided for adequate protections and benefits for the employees. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2020. The decision was made under the authority granted by section 230 of the Fair Work Act 2009. The approval is effective as of the date of the decision, and the agreement is to be treated as if it had been made directly between the parties.

Stanlake Private Hospital Pty Ltd T/A Western Private Hospital

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established