DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Limited T/A Belmont Private Hospital, Currumbin Private Hospital, Townsville Private Hospital, Robina Private Hospital
(AG2018/3607)

HEALTHE CARE (QUEENSLAND PRIVATE HOSPITALS) AND QNMU/ANMF - NURSING ENTERPRISE AGREEMENT 2018-2022

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Healthe Care (Queensland Private Hospitals) and QNMU/ANMF - Nursing Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Queensland Private Hospitals) and QNMU/ANMF - Nursing Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthe Care Australia Pty Limited T/A Belmont Private Hospital, Currumbin Private Hospital, Townsville Private Hospital, Robina Private Hospital. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Nursing and Midwifery Federation 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Healthe Care Australia Pty Limited and the Queensland Nurses and Midwives' Union (QNMU) along with the Australian Nursing and Midwifery Federation (ANMF), sought approval for the Healthe Care (Queensland Private Hospitals) and QNMU/ANMF - Nursing Enterprise Agreement 2018-2022. The application was heard by the Fair Work Commission (FWC) in Australia. The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative requirements and if it should be approved for registration. The FWC had to consider whether the agreement met the necessary criteria under the Fair Work Act 2009, including provisions for fair and reasonable terms, and if it appropriately balanced the interests of both employers and employees.

The FWC evaluated the submissions from both parties and examined the contents of the proposed agreement. Key issues included the fairness of the terms regarding wages, working conditions, and dispute resolution mechanisms. The FWC also assessed if the agreement provided for a fair and reasonable balance of interests, taking into account the economic context and the need for sustainable employment practices. The FWC determined that the agreement sufficiently addressed the interests of both employers and employees and was in line with the statutory requirements.

After thorough consideration, the FWC concluded that the proposed enterprise agreement met the necessary criteria for approval. The FWC found that the agreement was fair and reasonable, providing a balanced outcome for both parties. The FWC approved the agreement, allowing it to be registered under the Fair Work Act 2009. This decision ensures that the terms of the agreement will govern the employment conditions for nurses and midwives within the specified hospitals for the duration of the agreement.

Healthe Care Australia Pty Limited T/A Belmont Private Hospital, Currumbin Private Hospital, Townsville Private Hospital, Robina 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