DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Leederville Private Hospital Pty Ltd T/A West Leederville Private Hospital
(AG2016/7402)

WEST LEEDERVILLE PRIVATE HOSPITAL ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2017

Application for approval of the West Leederville Private Hospital Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the West Leederville Private Hospital Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Leederville Private Hospital Pty Ltd T/A West Leederville Private Hospital. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 8 February 2017 and, in accordance with s.54, will operate from 15 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, West Leederville Private Hospital, sought approval of the West Leederville Private Hospital Enterprise Agreement 2016. The applicant applied for the approval of this agreement to be registered under the Fair Work Act 2009. The application was made by the hospital, which is a private health care provider, and the respondents were the relevant employee unions.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement was a bona fide enterprise agreement, if it had been fairly negotiated, and if it included minimum entitlements as stipulated by the Act. The Commission also had to determine if the agreement complied with the procedural requirements, such as the provision of relevant documents and information to the employees.

The Commission examined the agreement in detail, considering the submissions from both the applicant and the respondents. The hospital provided evidence that the agreement had been negotiated in good faith and that it contained the minimum entitlements as required by the Act. The Commission found that the agreement was comprehensive and had been fairly negotiated, covering various aspects of employment conditions. The procedural requirements were also satisfied, as all necessary documentation was provided to the employees. Based on these findings, the Commission approved the agreement, confirming it met all legal standards for registration under the Act.

The Fair Work Commission approved the West Leederville Private Hospital Enterprise Agreement 2016, registering it under the Fair Work Act 2009. This decision confirmed that the agreement was a bona fide enterprise agreement, had been negotiated fairly, and included all required minimum entitlements. The approval was based on the comprehensive evidence provided by the hospital and the compliance with procedural requirements.

West Leederville Private Hospital Pty Ltd T/A West Leederville 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