DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2017/6344)

HEALTHE CARE (QLD PRIVATE HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 28 MAY 2018

Application for approval of the Healthe Care (QLD Private Hospitals) Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (QLD Private Hospitals) Support Services 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] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 Australian Municipal, Administrative, Clerical Services Union (ASU) and Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd was the subject of an application for the approval of an enterprise agreement before the Fair Work Commission. The applicant sought approval of the Healthe Care (QLD Private Hospitals) Support Services Enterprise Agreement 2017. The nature of the dispute involved the terms and conditions of employment for the support services employees at Healthe Care's Queensland private hospitals, including matters such as wages, working conditions, and other employment-related terms. The court was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues central to this case included whether the agreement had been made freely and without coercion, whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether it complied with procedural requirements. The applicant argued that the agreement was made fairly and included all mandated minimum terms, while the respondents raised concerns about certain clauses. The court examined the evidence and submissions to assess the agreement's compliance with the legislative framework.

After reviewing the evidence, the Fair Work Commission found that the agreement had been made without any undue influence or coercion and included all necessary minimum terms. The Commission also determined that the agreement complied with the procedural requirements and was consistent with the objectives of the Fair Work Act. Therefore, the court approved the Healthe Care (QLD Private Hospitals) Support Services Enterprise Agreement 2017. The decision provided clarity on the terms of employment and ensured that the agreement was legally sound and beneficial for both parties.

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