DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanlake Private Hospital Pty Ltd T/A Western Private Hospital
(AG2020/660)

WESTERN PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 29 APRIL 2020

Application for approval of the Western Private Hospital Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Western Private Hospital Nurses Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2020. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Stanlake Private Hospital Pty Ltd trading as Western Private Hospital applied for approval of the Western Private Hospital Nurses Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The hospital argued that the agreement provided for fair and reasonable terms and conditions of employment, while the union representing the nurses contested certain provisions, claiming they were not fair and reasonable.

The primary legal issue before the Commission was whether the agreement contained terms that were fair and reasonable in all respects. This involved assessing the balance of the agreement, ensuring it did not unduly disadvantage either party, and confirming that it complied with the requirements of the Fair Work Act. The Commission also considered whether the agreement provided for genuine bargaining, taking into account the context and processes involved in its formation.

The Fair Work Commission found that while the agreement generally provided for fair and reasonable terms and conditions of employment, there were certain provisions that required amendment to meet the statutory criteria. The Commission highlighted that certain clauses regarding shift penalties and leave entitlements did not adequately balance the interests of the employer and employees. After negotiating amendments to address these concerns, the Commission approved the agreement with the modified provisions.

The final orders of the Commission included the approval of the Western Private Hospital Nurses Enterprise Agreement 2019, subject to the specified amendments. These amendments were aimed at ensuring the agreement met the statutory requirements for fairness and reasonableness, as well as genuine bargaining. The hospital and the union were directed to implement the approved agreement, with the understanding that further disputes would need to be resolved through the Fair Work Commission.

Stanlake Private Hospital Pty Ltd T/A Western Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established