DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Healthe Care Australia Pty Ltd
(AG2015/5498)

HEALTH CARE (QUEENSLAND PRIVATE HOSPITALS) AND QUEENSLAND NURSES' UNION OF EMPLOYEES - NURSING ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 25 SEPTEMBER 2015

Application for approval of the Health Care (Queensland Private Hospitals) and Queensland Nurses' Union of Employees - Nursing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Health Care (Queensland Private Hospitals) and Queensland Nurses' Union of Employees - Nursing Enterprise Agreement 2015-2018 (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 Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Queensland Nurses Union, and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Healthe Care Australia Pty Ltd for approval of the Health Care (Queensland Private Hospitals) and Queensland Nurses' Union of Employees - Nursing Enterprise Agreement 2015-2018. The application was brought in light of the Commission's consideration of the public interest and the importance of the agreement to the employees of Healthe Care Australia. The Queensland Nurses' Union of Employees sought to have the agreement approved, while Healthe Care Australia expressed concerns regarding the financial implications of the agreement for the company.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether the agreement adequately balanced the interests of both parties. Specifically, the Commission needed to determine whether the agreement was made in good faith and whether it provided for the proper operation of an enterprise. The Commission also considered the extent to which the agreement provided for the protection of employees' rights and interests, and whether the agreement complied with the public interest test.

In considering the application, the Fair Work Commission gave careful consideration to the provisions of the agreement and the submissions made by both parties. The Commission found that the agreement met the criteria for approval, as it had been made in good faith and provided for the proper operation of the enterprise. The Commission noted that the agreement contained provisions that protected employees' rights and interests, and that it complied with the public interest test. The Commission also found that the agreement provided for a reasonable balance of the interests of both parties, taking into account the financial implications for Healthe Care Australia. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Health Care (Queensland Private Hospitals) and Queensland Nurses' Union of Employees - Nursing Enterprise Agreement 2015-2018, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement was made in good faith, provided for the proper operation of the enterprise, and balanced the interests of both parties. The Commission also found that the agreement provided for the protection of employees' rights and interests, and complied with the public interest test.

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