DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Limited T/A Healthe Care Marian Centre Pty Limited, Healthe Care Abbotsford Pty Ltd, Healthe Care BRC Pty Ltd
(AG2018/4962)

HEALTHE CARE (WA PRIVATE HOSPITALS) ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 31 JANUARY 2019

Application for approval of the Healthe Care (WA Private Hospitals) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (WA Private Hospitals) Enterprise Agreement 2018 (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 Marian Centre Pty Limited, Healthe Care Abbotsford Pty Ltd, Healthe Care BRC Pty Ltd. 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. 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

This case involved an application by Healthe Care Australia and its subsidiaries for the Fair Work Commission’s approval of the Healthe Care (WA Private Hospitals) Enterprise Agreement 2018. The respondents were the Australian Nursing and Midwifery Federation (WA Branch) and the Health Professionals and Allied Employees (WA) Union. The application was heard by the Fair Work Commission, presided over by Commissioner D’Orta. The legal issues before the court revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the public interest, free from any unfair content, and whether it was appropriately negotiated and did not undermine the right to freedom of association. The Commission examined the agreement's provisions concerning wages, conditions, and other employment terms.

In its reasoning, the Commission found that the agreement was appropriately negotiated and did not contain any unfair content. It noted that the agreement provided for fair wages and conditions, and included provisions that were in the public interest, such as those relating to the health and safety of employees and the operational efficiency of the hospitals. The Commission also found that the agreement did not undermine the right to freedom of association and was therefore in compliance with the statutory requirements. Consequently, the application for approval was successful.

The Commission approved the Healthe Care (WA Private Hospitals) Enterprise Agreement 2018, affirming that it met the necessary legal standards. The final orders were that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This decision set a precedent for similar agreements in the private healthcare sector in Western Australia, ensuring that they adhere to the principles of fairness and public interest.

Healthe Care Australia Pty Limited T/A Healthe Care Marian Centre Pty Limited, Healthe Care Abbotsford Pty Ltd, Healthe Care BRC 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