Stirling Hospital Inc Summary

[2023] FWCA 438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stirling Hospital Inc

(AG2023/161)

Stirling Hospital Inc. Health Services Employees Enterprise Agreement 2022

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 13 FEBRUARY 2023

Application for approval of the Stirling Hospital Inc. Health Services Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Stirling Hospital Inc. Health Services Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stirling Hospital Inc. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2023. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stirling Hospital Inc sought approval of the Health Services Employees Enterprise Agreement 2022 from the Fair Work Commission. The agreement was to cover employees of the hospital who were members of the Health Services Union of Australia. The application was made under the Fair Work Act 2009, which provides for the approval of enterprise agreements by the Commission.

The primary legal issue before the Commission was whether the agreement complied with the relevant statutory requirements and whether it provided for the fair and reasonable terms and conditions of employment for the employees. The Commission had to consider whether the agreement was appropriately certified by an independent certifier, whether it contained the prescribed minimum terms and conditions, and whether it was appropriate to make the agreement a registered agreement.

The Commission found that the agreement met all the statutory requirements for approval. The agreement had been appropriately certified and contained the prescribed minimum terms and conditions. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it was appropriate to make the agreement a registered agreement. The Commission approved the agreement and made it a registered agreement.

The Fair Work Commission approved the Health Services Employees Enterprise Agreement 2022 as a registered agreement. The agreement is now binding on all employees covered by the agreement and on Stirling Hospital Inc as the employer. The agreement will remain in effect until it is replaced by a new agreement or until it is terminated under the Fair Work Act 2009.

Stirling Hospital Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established