DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2017/5002)

HEALTHE CARE PTY LTD (NEW SOUTH WALES HOSPITALS) AND THE NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 MAY 2018

Application for approval of the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2017.

[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 NSW Branch Enterprise Agreement 2017 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Healthe Care Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 30 September 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd recently faced a matter before the Fair Work Commission regarding the approval of the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2017. The dispute centred around the negotiation and subsequent terms of the enterprise agreement, which governs the employment conditions of nurses and midwives employed by Healthe Care Australia.

The central legal issues before the Commission involved whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for "direct" and "indirect" approval. Specifically, the Commission had to consider if the agreement was sufficiently free from any unfair or coercive elements that could have influenced the employees' decision to accept the terms.

In rendering its decision, the Commission evaluated the negotiation process, the fairness of the terms, and the compliance of the agreement with statutory requirements. The Commission concluded that the agreement was fairly negotiated and contained provisions that were fair and reasonable. The Commission found that the agreement did not contain any unfair or coercive elements and, therefore, met the criteria for direct approval under the Act. As a result, the Commission approved the enterprise agreement, ensuring that it would be binding on the parties involved.

The Fair Work Commission's decision to approve the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2017 provided clarity and certainty regarding the employment conditions of nurses and midwives employed by Healthe Care Australia. The approval of the agreement ensures that it will be enforceable and will govern the employment terms of the relevant employees as intended.

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