Healthe Care Australia Pty Ltd Summary

[2013] FWCA 8655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2013/9724)

HEALTHE CARE (NSW PRIVATE HOSPITALS) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2013 (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, Healthe Care Australia Pty Ltd, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. 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. A copy of the undertaking is attached as Annexure A.

[3] The Health Services Union, New South Wales Branch, 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.

[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 8 November 2013. The nominal expiry date of the Agreement is 1 September 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Healthe Care Australia Pty Ltd, sought approval of the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement covered a single enterprise, was genuinely an enterprise agreement, and did not include any provisions that were outside the scope of the agreement's coverage.

The Commission found that the agreement was made between Healthe Care Australia Pty Ltd and the relevant union, covering employees who were health professionals and support services employees at the NSW private hospitals. The agreement was determined to cover a single enterprise as it was limited to the operations of the applicant. The Commission also concluded that the agreement was genuinely an enterprise agreement, as it was made in good faith and not under duress. The provisions of the agreement were found to be within the scope of the enterprise covered by the agreement and did not contain any provisions that were outside its scope. As a result, the Commission approved the 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