[2018] FWCA 2936

The attached document replaces the document previously issued with the above code on 23 May 2018.

The name of the Agreement has been corrected

Member Assist

Dated 24 May 2018

[2018] FWCA 2936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethesda Hospital Inc
(AG2018/202)

BETHESDA HEALTH CARE (HSU) ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 23 MAY 2018

Application for approval of the Bethesda Health Care (HSU) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bethesda Health Care (HSU) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethesda 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bethesda Hospital Inc, the applicant, sought approval of the Bethesda Health Care (HSU) Enterprise Agreement 2018 in the Fair Work Commission. The primary dispute involved the interpretation and application of the Fair Work Act 2009, focusing on whether the proposed agreement complied with the statutory requirements and whether it was made in good faith.

The central legal issues before the Commission were whether the terms of the agreement were procedurally sound and whether the applicant had acted in good faith when entering into the agreement. Specifically, the Commission needed to determine if the agreement was made without undue pressure or coercion and whether the applicant had adequately facilitated genuine discussions with the Health Services Union.

The Commission found that the agreement was procedurally valid and that the applicant had acted in good faith. The Commission concluded that the applicant had adequately facilitated meaningful discussions and that the terms of the agreement were reasonable and fair. Consequently, the application for approval was successful. The Commission approved the agreement, noting that it met the necessary criteria under the Fair Work Act.

As a result of the approval, the Bethesda Health Care (HSU) Enterprise Agreement 2018 was implemented, governing the employment conditions of the union members at Bethesda Hospital Inc. The Commission's decision provided clarity on the procedural aspects and the good faith requirement, setting a precedent for similar future applications.

Bethesda 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