DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2020/2666)

HEALTHE CARE (NSW DAY PROCEDURE CENTRES) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 OCTOBER 2020

Application for approval of the Healthe Care (NSW Day Procedure Centres) Health Professionals and Support Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Healthe Care (NSW Day Procedure Centres) Health Professionals and Support Services Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Healthe Care Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 9 October 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2020. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd applied to the Fair Work Commission for approval of the Healthe Care (NSW Day Procedure Centres) Health Professionals and Support Services Enterprise Agreement 2020. The applicant, a health services provider, argued the agreement would facilitate fair and efficient workplace relations and provide necessary protections for its employees. The application was opposed by the Health Professionals and Support Services Union, which raised concerns about the impact of the agreement on employee rights and conditions.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for minimum terms and conditions of employment. The Commission considered whether the agreement met the "better off overall test" and whether it contained provisions that were contrary to public policy or had an adverse effect on employees.

In determining the application, the Commission reviewed the evidence presented by both parties and assessed the agreement's provisions against the statutory framework. The Commission found that the agreement met the better off overall test and did not contain any provisions that were contrary to public policy or had an adverse effect on employees. The Commission approved the agreement, finding it provided for fair and efficient workplace relations and necessary protections for the employees.

The Fair Work Commission approved the Healthe Care (NSW Day Procedure Centres) Health Professionals and Support Services Enterprise Agreement 2020, effective from 1 July 2020. The Commission's decision was based on the finding that the agreement met the statutory requirements and provided for fair and efficient workplace relations.

Healthe Care Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established