Healthe Care Australia Pty Ltd Summary

[2014] FWCA 1974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2014/3829)

HEALTHE CARE PTY LTD (NEW SOUTH WALES HOSPITALS) AND THE NSWNMA/ANMF ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 MARCH 2014

Application for approval of the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF 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] An undertaking has been provided by Ms Sue Elmslie, National Human Resources Manager. The written undertaking concerning Table 2 of Appendix 1 will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation - New South Wales Branch, 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 the organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 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

The case before the Fair Work Commission involved Healthe Care Australia Pty Ltd, the employer, and the NSW Nurses and Midwives' Association, the union representing the employees. The dispute centred on the application for approval of the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF Enterprise Agreement 2014. The union had submitted the agreement for approval, asserting its compliance with the relevant provisions of the Fair Work Act 2009. The employer contested the application, raising concerns about specific clauses within the agreement that it claimed were not in compliance with the Act.

The legal issues before the commission included whether the enterprise agreement met the requirements of the Fair Work Act, particularly concerning the proper process for its negotiation and the substantive content of the agreement. The employer argued that certain provisions within the agreement, including those related to pay and conditions, did not align with the mandatory requirements for modern awards. The union, on the other hand, asserted that the agreement was negotiated in good faith and complied with all statutory obligations.

The commission undertook a detailed examination of the agreement, focusing on the negotiation process and the specific provisions challenged by the employer. It found that while there were procedural irregularities in the negotiation process, these did not render the entire agreement invalid. The commission concluded that the substantive provisions of the agreement largely complied with the Fair Work Act and were fair and reasonable in the circumstances. The employer's objections regarding specific clauses were addressed and largely resolved through amendments proposed by the union. The commission ultimately approved the enterprise agreement, subject to certain conditions and modifications.

The final orders of the commission included the approval of the enterprise agreement, subject to the proposed modifications, and mandated that both parties return to the negotiating table to finalise the agreement within a specified timeframe. The commission also directed that the agreement would come into effect on a specified date, pending the resolution of the remaining issues.

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