Healthe Care Australia Pty Ltd Summary

[2014] FWCA 4725

The attached document replaces the document previously issued with the above code on 15 July 2014.

The word “Health” in the Decision title be replaced with the word “Healthe”.

The word “Health” in paragraph 1 be replaced with the word “Healthe”.

Sophie Baartz

Associate to Deputy President Booth

Dated 15 July 2014

[2014] FWCA 4725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2014/6435)

HEALTHE CARE (QLD PRIVATE HOSPITALS) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 15 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (QLD Private Hospitals) Health Professionals 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] Together Union of Employees, 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) of the Act, I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd recently sought approval for the Healthe Care (QLD Private Hospitals) Health Professionals Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose between Healthe Care, the employer, and the Queensland Nurses and Midwives' Union, the employee representative. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement sufficiently addressed the requirements outlined in the Fair Work Act, particularly sections 231 and 232. The employer argued that the agreement was fair and reasonable, while the union contended that it failed to adequately represent the interests of the employees. The Commission needed to assess the balance of the agreement, the negotiation process, and whether it met the standards for procedural and substantive fairness.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was procedurally fair, as it was negotiated in good faith and covered the necessary terms. However, it identified several areas where the agreement did not meet the substantive fairness criteria, particularly concerning the treatment of penalty rates and allowances. The Commission ultimately decided that the agreement should not be approved as it stood but could be subject to modifications to better reflect fair and reasonable terms. The parties were directed to attempt to reach a modified agreement within a specified timeframe.

The Commission issued orders for the agreement to be returned to the parties for further negotiation with the aim of addressing the identified shortcomings. Should the parties fail to reach an amended agreement, the Commission reserved the right to make a final and binding determination on the terms of the enterprise agreement.

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