Healthe Care Australia Pty Ltd

[2013] FWCA 3310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2013/6548)

HEALTHE CARE (VICTORIAN HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 24 MAY 2013

Application for approval of the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Victorian Hospitals) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 31 May 2013. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd, the employer, sought approval of the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2013. The Fair Work Commission was the court that considered the application. The dispute centred around whether the agreement met the legal standards for approval under the Fair Work Act 2009, specifically whether it complied with the good faith bargaining requirement.

The key legal issue the Commission had to address was whether the employer had engaged in genuine and meaningful negotiations with the employee representatives, as mandated by the Fair Work Act. The Commission considered evidence of the negotiation process, including the conduct of the parties and the steps taken to reach an agreement. The employer argued that they had acted in good faith, while the employee representatives contended that the employer had not genuinely negotiated.

The Commission found that the employer had indeed engaged in genuine and meaningful negotiations. The evidence demonstrated that the employer had provided relevant information, considered the employee representatives' proposals, and made genuine efforts to reach an agreement. Consequently, the Commission approved the agreement, finding it met the requirements of the Fair Work Act.

The Commission's decision was based on a detailed analysis of the negotiation process and the evidence presented by both parties. The outcome was that the Healthe Care (Victorian Hospitals) Support Services Enterprise Agreement 2013 was approved, allowing it to take effect as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established