Healthe Care Australia Pty Limited T/A Healthe Care

[2019] FWCA 2632

[2019] FWCA 2632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Limited T/A Healthe Care
(AG2018/4930)

HEALTHE CARE (WESTMEAD REHABILITATION HOSPITAL, SHELLHARBOUR PRIVATE HOSPITAL, HIRONDELLE PRIVATE HOSPITAL, FORSTER PRIVATE HOSPITAL, THE HILLS CLINIC, SOUTH COAST PRIVATE HOSPITAL) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 17 APRIL 2019

Application for approval of the Healthe Care (Westmead Rehabilitation Hospital, Shellharbour Private Hospital, Hirondelle Private Hospital, Forster Private Hospital, The Hills Clinic, South Coast Private Hospital) Health Professionals and Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Westmead Rehabilitation Hospital, Shellharbour Private Hospital, Hirondelle Private Hospital, Forster Private Hospital, The Hills Clinic, South Coast Private Hospital) Health Professionals and Support Services Enterprise Agreement 2017 (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 Healthe Care. 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

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Annexure A