DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2017/5178)

HEALTHE CARE (ABBOTSFORD PRIVATE HOSPITAL & BLACKWOOD RIVER CLINIC) NURSES’ ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the Healthe Care (Abbotsford Private Hospital & Blackwood River Clinic) Nurses’ Enterprise Agreement 2017.

[1] On 31 October 2017 Healthe Care Australia Pty Ltd (Applicant) made an application for approval of the Healthe Care (Abbotsford Private Hospital & Blackwood River Clinic) Nurses’ Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 February 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Healthe Care (Abbotsford Private Hospital & Blackwood River Clinic) Nurses’ Enterprise Agreement 2017. The agreement was intended to govern the terms and conditions of employment for registered nurses and enrolled nurses working at the Abbotsford Private Hospital and Blackwood River Clinic. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration.

The primary legal issue before the Commission was whether the enterprise agreement contained the necessary minimum terms as prescribed by the Fair Work Act. This included assessing whether the agreement complied with the procedural requirements for its negotiation and whether it contained the requisite minimum standards for wages and other employment conditions. Given that the agreement was a greenfields agreement, the Commission also needed to consider whether the agreement was in the public interest and whether it provided for appropriate protections for employees.

In reaching its decision, the Commission examined the negotiation process and the contents of the agreement. It found that the agreement had been negotiated in good faith and that it included all the minimum terms required by the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment conditions. The Commission also concluded that the agreement was in the public interest and that it provided appropriate protections for employees. As a result, the Commission approved and registered the enterprise agreement.

The Fair Work Commission's decision provides clarity for employers and employees regarding the terms and conditions of employment under the Healthe Care (Abbotsford Private Hospital & Blackwood River Clinic) Nurses’ Enterprise Agreement 2017. The approval of the agreement ensures that registered nurses and enrolled nurses working at the Abbotsford Private Hospital and Blackwood River Clinic have a legally binding framework governing their employment, providing certainty and stability in their working conditions. The decision also reinforces the importance of ensuring that enterprise agreements meet the minimum standards set out in the Fair Work Act and are in the public interest.

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