Application for approval of the Stirling Hospital Inc. Health Services Employees Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Stirling Hospital Inc. Health Services Employees Enterprise Agreement 2026 (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.

[2] The Applicant has provided written undertakings, a copy of which is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in clause 33A of the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement.

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• Clause 4.8.6 - Withholding monies at termination

• Clause 5.9 - Deduction of monies at termination - overpayments

• Clause 7.2.3 - Public Holiday substitution

• Clause 7.4.5 - Personal/Carer's leave

[6] Noting clause 2.6 of the Agreement, 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.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 10 March 2026. The nominal expiry date of the Agreement is 1 January 2030.

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