DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2018/213)

HEALTHE CARE (EPPING HOSPITAL) NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 MARCH 2018

Application for approval of the Healthe Care (Epping Hospital) Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Healthe Care (Epping Hospital) Nurses Enterprise Agreement 2018 (Agreement). The application was made by Healthe Care Australia Pty Ltd T/A Healthe Care Epping Private Hospital pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian, Nursing and Midwifery Federation (ANFM) 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with ANFM and that the Agreement covers the organisation.

[4] The Agreement was approved on 22 March 2018 and, in accordance with s.54, will operate from 29 March 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd applied to the Fair Work Commission for approval of the Healthe Care (Epping Hospital) Nurses Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The application was contested by the Health Professionals and Support Services Union, which raised concerns about the terms of the agreement, particularly relating to the classification of nurses and the provisions governing shift and leave arrangements.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Act, and whether it contained appropriate provisions for the classification of nurses and for shift and leave arrangements. The Commission considered the relevant provisions of the Act and the common law principles governing the approval of enterprise agreements. The Commission also considered the submissions of the parties and the evidence presented.

The Commission found that the agreement met the criteria for approval under the Act. The Commission found that the agreement contained appropriate provisions for the classification of nurses, and that the provisions governing shift and leave arrangements were reasonable and fair. The Commission noted that the agreement provided for appropriate consultation and dispute resolution processes, and that it contained a good faith bargaining certificate. The Commission concluded that the agreement was in the best interests of the employees and the employer, and approved the agreement under section 233 of the Act.

The final orders of the Commission were that the Healthe Care (Epping Hospital) Nurses Enterprise Agreement 2018 be approved under section 233 of the Fair Work Act 2009, and that the agreement be registered with the Fair Work Commission. The orders also provided for the agreement to be binding on the parties from the date of registration.

Healthe 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