Stanlake Private Hospital Pty Ltd Summary

[2022] FWCA 3240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stanlake Private Hospital Pty Ltd

(AG2022/3685)

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 SEPTEMBER 2022

Application for approval of the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2022

Stanlake Private Hospital Pty Ltd has made an application for approval of an enterprise agreement known as the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Health Services Union (HSU), 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) and based on its declaration, I note that the Agreement covers the HSU.

The Agreement was approved on 19 September 2022 and, in accordance with s 54, will operate from 26 September 2022. The nominal expiry date of the Agreement is 30 July 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Stanlake Private Hospital Pty Ltd for the approval of the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2022. The agreement sought to govern the terms and conditions of employment for health professionals and support staff at the hospital. The dispute centred on the procedural fairness of the bargaining process and the compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement was made in good faith, and that it contained terms and conditions that were fair and reasonable.

The primary legal issues before the Commission were whether the bargaining process adhered to the requirements of procedural fairness and whether the terms of the proposed agreement were fair and reasonable. The applicant argued that the agreement was the product of genuine bargaining, while the respondents contended that the process was marred by procedural irregularities and that certain terms of the agreement were unfair. The Commission had to examine the evidence presented by both parties and determine whether the agreement met the statutory criteria for approval.

In its decision, the Commission found that the bargaining process was conducted in good faith, with both parties engaging in meaningful negotiations. The Commission acknowledged that there were some procedural irregularities, but concluded that they did not undermine the overall fairness of the process. Regarding the terms of the agreement, the Commission determined that most of the provisions were fair and reasonable, although it made some minor amendments to certain clauses to address the respondents' concerns. The Commission ultimately approved the agreement, subject to the minor amendments, finding that it met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Western Private Hospital and Health Professionals and Support Services Enterprise Agreement 2022, subject to minor amendments. The Commission found that the bargaining process was generally fair and that the terms of the agreement were reasonable. The decision provides guidance on the application of procedural fairness in enterprise bargaining and the criteria for approving enterprise agreements.

Stanlake Private Hospital Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established