Healthe Care Australia Pty Ltd Summary

[2014] FWCA 8424

FAIR WORK COMMISSION

DECISION

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

Healthe Care Australia Pty Ltd
(AG2014/9953)

HEALTH CARE (QLD PRIVATE HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 27 NOVEMBER 2014

Application for approval of the Health Care (QLD Private Hospitals) Support Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Health Care (QLD Private Hospitals) Support Services Enterprise Agreement 2014 (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 Australian Workers Union and the Australian Municipal, Administrative, Clerical and Services Union 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

In this case, Healthe Care Australia Pty Ltd applied to the Fair Work Commission for the approval of the Health Care (QLD Private Hospitals) Support Services Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The dispute arose from negotiations between the employer and the relevant union representatives concerning the terms and conditions of employment for support services staff within the private hospitals in Queensland.

The legal issues before the Commission were whether the terms and conditions of the agreement met the criteria for approval as set out in the Fair Work Act, particularly whether they complied with the "better off overall test" (BOOT) and whether they adhered to the good faith bargaining requirements. The Commission needed to determine if the agreement provided fair and reasonable terms for the employees and if the process of negotiation was conducted in good faith.

The Fair Work Commission examined the evidence and submissions presented by both parties. The Commission found that the agreement met the better off overall test, as it provided a fair and reasonable outcome for the employees. The Commission also found that the negotiation process was conducted in good faith, with both parties engaging in meaningful discussions and negotiations. Consequently, the Commission approved the agreement.

As a result of the approval, the Health Care (QLD Private Hospitals) Support Services Enterprise Agreement 2014 is now legally binding on Healthe Care Australia Pty Ltd and the relevant union representatives. The approved agreement will govern the terms and conditions of employment for support services staff within the private hospitals in Queensland, providing a fair and reasonable framework for both the employer and employees.

Healthe Care Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established