DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2019/3992)

HEALTHE CARE (VICTORIAN HOSPITALS) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2019

Application for approval of the Healthe Care (Victorian Hospitals) Health Professionals Enterprise Agreement 2019

[1] Healthe Care Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Healthe Care (Victorian Hospitals) Health Professionals Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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 the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 December 2019 and, in accordance with s 54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Healthe Care Australia Pty Ltd, sought approval of the Healthe Care (Victorian Hospitals) Health Professionals Enterprise Agreement 2019. The dispute was heard by the Fair Work Commission. The primary issue before the court was whether the enterprise agreement, which was entered into by the applicant and a number of registered organisations, met the requirements of the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement had been made in good faith and without coercion, that it was free from any unlawful provisions, and that it met the criteria for approval as a single interest employer agreement.

The court examined the evidence presented by the parties and considered the nature of the bargaining process, the content of the agreement, and the rights and obligations of the parties under the agreement. The court found that the agreement had been made in good faith and without coercion, and that it did not contain any unlawful provisions. The court also found that the agreement met the criteria for approval as a single interest employer agreement, as it was an agreement between an employer and a group of employees who were not represented by a trade union. The court noted that the agreement provided for a fair and reasonable outcome for both parties, and that it would promote harmonious, productive and cooperative workplace relations.

Based on the findings of the court, the applicant's application for approval of the enterprise agreement was successful. The court approved the agreement and noted that it would now be binding on the parties from the date of the decision. The court also noted that the agreement would need to be registered with the Fair Work Commission in order to be enforceable. Overall, the decision provides clarity and certainty for employers and employees in relation to the approval of enterprise agreements under the Fair Work Act 2009.

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