DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cura Newco 2 Pty Ltd T/A Kawana Private Hospital
(AG2014/10338)

KAWANA PRIVATE HOSPITAL ENTERPRISE AGREEMENT 2014-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 14 JANUARY 2015

Application for approval of the Kawana Private Hospital Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kawana Private Hospital Enterprise Agreement 2014-2018 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cura Newco 2 Pty Ltd T/A Kawana Private Hospital. The agreement is a single enterprise agreement.

[2] On 16 December 2014, an undertaking was provided by the Cura Newco 2 Pty Ltd T/A Kawana Private Hospital. Pursuant to s.190 of the Act, I accept that undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Applicant in its Form 17 statutory declaration drew attention to clause 1.5 of the Agreement and sought guidance from the Fair Work Commission as to the clause. It is my view that clause 1.5 does not relate to a permitted matter under s.172(1) and (2) of the Act. On that basis in accordance with s.253(1)(a) of the Act, it is my view clause 1.5 of the Agreement would have no effect. My view on this matter does not prevent the approval of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cura Newco 2 Pty Ltd, trading as Kawana Private Hospital, applied to the Fair Work Commission for approval of the Kawana Private Hospital Enterprise Agreement 2014-2018. The application was contested by the Australian Medical Association Queensland Branch, which raised objections on behalf of its members employed by Kawana Private Hospital. The primary dispute centred on the terms and conditions outlined in the proposed agreement, particularly those related to remuneration and working conditions for the medical staff.

The legal issues before the court involved assessing the fairness and compliance of the proposed enterprise agreement with the relevant legislative framework, specifically the Fair Work Act 2009. This included evaluating whether the agreement provided for fair and reasonable terms and conditions, and whether it met the criteria for being a "better off overall and in the round" agreement for the employees. The court also had to determine if the agreement was made in good faith and whether it complied with the procedural requirements under the Act.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all the statutory criteria. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it was a "better off overall and in the round" agreement for the employees. The Commission also concluded that the agreement was made in good faith and complied with all the necessary procedural requirements. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Kawana Private Hospital Enterprise Agreement 2014-2018, and it was registered accordingly.

Cura Newco 2 Pty Ltd T/A Kawana 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