DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2016/8090)

HEALTHE CARE (VICTORIAN HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 9 MARCH 2017

Application for approval of the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2016.

[1] On 19 December 2016, Healthe Care Australia Pty Ltd (Applicant) made an application for approval of the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2016. (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 Health Services Union, 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 16 March 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd, a company providing support services to Victorian hospitals, applied for approval of the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2016. The application was made to the Fair Work Commission, which was asked to consider whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court needed to decide included whether the agreement was genuinely an enterprise agreement, whether it was made in good faith and without coercion, and whether it provided for the proper payment of wages and conditions. The court also needed to consider whether the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The court found that the agreement met the criteria for approval. It held that the agreement was genuinely an enterprise agreement, was made in good faith and without coercion, and provided for the proper payment of wages and conditions. The court also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The court approved the agreement and made an order that it be registered with the Fair Work Commission. The agreement is now legally binding on the parties and will regulate the employment of the employees covered by the agreement.

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