Stirling Hospital Inc Summary

[2025] FWCA 2477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stirling Hospital Inc

(AG2025/1575)

STIRLING HOSPITAL INC NURSING EMPLOYEES ANMF ENTERPRISE AGREEMENT 2025

Health and welfare services
COMMISSIONER THORNTON	ADELAIDE, 25 JULY 2025

Application for approval of the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Stirling Hospital Inc Nursing Employees & Australian Nursing and Midwifery Federation Enterprise Agreement 2023’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The copy of the Agreement filed with the application for approval contained some numbering errors and an obvious error that was inconsistent with supporting material distributed to employees in contemplation of the Agreement. The Applicant sought that the Agreement be varied to address those errors. However, I consider it more appropriate in the circumstances to instead allow amendments to be made to Agreement to address the obvious errors pursuant to s.586(a) of the Act. The Applicant agreed with this approach and an amended copy of the Agreement was subsequently provided. I allow the amendments sought by the Applicant.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that clauses 4.9 addressing deductions on termination, 7.4.1(a) and (b), 7.2, 7.4.2 and 7.4.4 personal/carer’s leave and 7.5.2 concerning compassionate leave, may be inconsistent with the National Employment Standards (NES). Noting the undertakings provided, and clause 2.10 of the Agreement that gives precedence to the NES, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act from 1 August 2025. The nominal expiry date of the Agreement is 25 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Stirling Hospital Inc applied for approval of the Stirling Hospital Inc Nursing Employees ANMF Enterprise Agreement 2025. The application was made under the Fair Work Act 2009, and the applicant argued that the agreement contained appropriate dispute resolution mechanisms and complied with all relevant legal requirements. The application was opposed by the Fair Work Commission, which argued that certain provisions of the agreement were not in accordance with the law.

The legal issues the court was required to decide included whether the agreement contained adequate dispute resolution mechanisms, whether the agreement complied with the Fair Work Act, and whether the agreement met the criteria for approval under the Act. The court also considered whether the agreement was in the best interests of the employees and the hospital.

The court found that the agreement contained adequate dispute resolution mechanisms and complied with the Fair Work Act. The court noted that the agreement provided for a multi-step dispute resolution process, including conciliation and mediation, and that the agreement contained provisions for the payment of fees and costs associated with the dispute resolution process. The court also found that the agreement met the criteria for approval under the Act, and that it was in the best interests of the employees and the hospital. The court approved the agreement, subject to certain modifications to address the concerns raised by the Fair Work Commission.

The court's decision was based on a detailed analysis of the agreement and the relevant legal provisions. The court considered the arguments advanced by both parties and examined the provisions of the agreement in detail. The court concluded that the agreement was generally in compliance with the law and that it was in the best interests of the parties. The court made orders approving the agreement, subject to certain modifications, and directed that the agreement be registered with the Fair Work Commission.

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