Health Care Australia Pty Ltd

[2016] FWCA 6939

[2016] FWCA 6939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Health Care Australia Pty Ltd
(AG2016/4856)

HEALTHE CARE (ROBINA PRIVATE HOSPITAL) AND QUEENSLAND NURSES’ UNION OF EMPLOYEES - NURSING GREENFIELDS ENTERPRISE AGREEMENT 2016-2018

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 27 SEPTEMBER 2016

Application for approval of the Healthe Care (Robina Private Hospital) and Queensland Nurses’ Union of Employees - Nursing Greenfields Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Robina Private Hospital) and Queensland Nurses’ Union of Employees - Nursing Greenfields Enterprise Agreement 2016-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Health Care Australia Pty Ltd.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees have indicated their acceptance of the undertakings.

[3] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] I am satisfied that the Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with and that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 4 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A