DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2017/6153)

HEALTHE CARE (QLD PRIVATE HOSPITALS) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 28 MAY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (QLD Private Hospitals) Health Professionals 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 and Services Union (ASU) 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 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

In the recent decision of Healthe Care Australia Pty Ltd, the Fair Work Commission was called upon to consider the application for approval of the Healthe Care (QLD Private Hospitals) Health Professionals Enterprise Agreement 2017. The application was brought by the employer, Healthe Care Australia Pty Ltd, which sought to have the agreement approved under the Fair Work Act 2009. The agreement in question was negotiated with the Queensland Nurses and Midwives' Union, which represented the majority of the employees affected by the agreement.

The legal issues before the Commission involved whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the terms and conditions of employment of the employees in a fair and efficient manner, and if it facilitated the simplification and clarification of the terms and conditions of employment. Additionally, the Commission had to assess whether the agreement was in the interests of the employees and if it promoted improved productivity and efficiency in the workplace.

The Commission, after considering the evidence and submissions from both parties, found that the agreement met the necessary criteria for approval. The agreement provided for the terms and conditions of employment in a fair and efficient manner, facilitated the simplification and clarification of employment terms, and was in the interests of the employees. Furthermore, the agreement promoted improved productivity and efficiency in the workplace. The Commission concluded that the agreement was in line with the objectives of the Fair Work Act and was suitable for approval. The application for approval was thus granted, and the Healthe Care (QLD Private Hospitals) Health Professionals Enterprise Agreement 2017 was approved.

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