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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Health Care Australia Pty Ltd for approval of an enterprise agreement with the Queensland Nurses’ Union of Employees. The proposed agreement, titled the Health Care (Robina Private Hospital) and Queensland Nurses’ Union of Employees - Nursing Greenfields Enterprise Agreement 2016-2018, was the subject of negotiation between the employer and the union. The union sought to have the agreement approved without a vote, claiming it had been fairly negotiated. The employer, however, contested certain provisions of the agreement, arguing they did not meet the requirements for a fair and reasonable agreement under the Fair Work Act 2009.

The legal issues before the Commission were primarily centred on whether the proposed agreement complied with the statutory requirements for approval. This included assessing whether the agreement had been fairly negotiated, and if its terms and conditions were fair and reasonable. The Commission had to consider the nature of the bargaining process, the fairness of the agreement's terms, and the extent to which the agreement met the legislative standards for approval. Additionally, the Commission was required to ensure that the agreement did not undermine the fundamental rights of employees, nor did it contain terms that were unfair or unreasonable.

In making its decision, the Fair Work Commission examined the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been fairly negotiated and that the terms were fair and reasonable. The employer's objections to certain provisions were considered but ultimately dismissed as the Commission found the provisions to be in line with the statutory requirements. The Commission concluded that the agreement met the necessary standards for approval under the Fair Work Act 2009 and ordered its approval.

Health Care Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established