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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Healthe Care Australia Pty Limited, trading as Healthe Care, applied 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. The agreement was negotiated between Healthe Care and the Australian Health Services Union, which represented the employees of the hospitals and clinics involved. The dispute centred on the procedural fairness of the bargaining process and the substantive terms of the agreement, particularly those related to pay rates and conditions.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission had to determine if Healthe Care had acted in good faith during the bargaining process, if the union had genuinely represented its members, and whether the terms of the agreement were fair and reasonable. Additionally, the Commission examined the impact of the agreement on the employees, including the proposed changes to pay rates, penalty rates, and other employment conditions.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated and met the procedural and substantive requirements of the Act. The Commission concluded that Healthe Care had acted in good faith during the bargaining process, and the union had adequately represented its members. The proposed changes to pay rates and conditions were deemed to be fair and reasonable, taking into account the economic context and the needs of the employees. As a result, the Commission approved 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.

Healthe Care Australia Pty Limited T/A Healthe Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established