DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stirling Hospital Inc.
(AG2015/6886)

STIRLING HOSPITAL INC. HEALTH SERVICES EMPLOYEES AND UNITED VOICE ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Stirling Hospital Inc Health Services Employees and United Voice Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stirling Hospital Inc Health Services Employees and United Voice Enterprise Agreement 2015 (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.

[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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stirling Hospital Inc. brought an application before the Fair Work Commission, seeking approval of the Stirling Hospital Inc Health Services Employees and United Voice Enterprise Agreement 2015. The application was contested by the Australian Government Department of Health, which argued that the proposed agreement contained terms that did not meet the statutory requirements for an enterprise agreement. The hospital argued that the contested terms were necessary to address the specific needs of its workforce and the unique circumstances of its operations.

The key legal issues before the Commission were whether certain terms of the proposed agreement were "inconsistent" with the Fair Work Act 2009, and therefore invalid. The Commission had to determine if specific provisions regarding shift penalties, the classification of workers, and the handling of casual employment were consistent with the statutory requirements for an enterprise agreement. The Commission considered the context of the hospital's operations, the needs of its workforce, and the balance between the rights of employers and employees as provided for in the Fair Work Act.

After reviewing the evidence and arguments presented by both parties, the Commission found that the contested terms were necessary to address the unique operational and staffing requirements of the hospital. The Commission held that these terms did not render the agreement inconsistent with the statutory framework, as they were designed to facilitate the effective operation of the hospital and meet the needs of its employees. Consequently, the Commission approved the proposed agreement, subject to certain minor amendments to ensure full compliance with the Fair Work Act.

The Commission ordered the approval of the Stirling Hospital Inc Health Services Employees and United Voice Enterprise Agreement 2015, with the specified minor amendments. The Commission also directed the parties to implement the agreed terms and to provide a copy of the approved agreement to the Fair Work Ombudsman. The decision ensures that the hospital can proceed with the implementation of the agreed terms, providing stability and certainty for both the hospital and its workforce.

Stirling Hospital Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established