DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2017/5203)

HEALTHE CARE (NEW SOUTH WALES DAY PROCEDURE CENTRES) & NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MAY 2018

Application for approval of the Healthe Care Pty Ltd (New South Wales Day Procedure Centres) 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 Day Procedure Centres) 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] 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, 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 Australian Nursing and Midwifery Federation and New South Wales Nurses and Midwives’ Association being the 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 3 May 2018 and, in accordance with s.54, will operate from 10 May 2018. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthe Care Australia Pty Ltd applied for approval of the Healthe Care Pty Ltd (New South Wales Day Procedure Centres) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2017. The application was made before the Fair Work Commission (FWC) by the employer, Healthe Care Australia Pty Ltd, under section 232 of the Fair Work Act 2009. The application was opposed by the Australian Medical Association (NSW Branch) Inc., who argued that the proposed enterprise agreement did not comply with certain provisions of the Act.

The legal issues before the Commission related to whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions governing the approval of enterprise agreements. The key issues included whether the agreement complied with the provisions relating to the inclusion of employees and the disclosure of relevant information. The Commission had to determine whether the proposed agreement was an "appropriate" agreement for the purposes of section 232 of the Act.

The Commission found that the proposed enterprise agreement was appropriate for approval. The Commission noted that the agreement was made in good faith and was not contrary to public policy. It also found that the agreement met the requirements of the Act, including the provisions relating to the inclusion of employees and the disclosure of relevant information. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. Consequently, the application for approval of the proposed enterprise agreement was successful.

In summary, the Fair Work Commission approved the Healthe Care Pty Ltd (New South Wales Day Procedure Centres) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2017, finding it met the requirements of the Fair Work Act 2009. The Commission's decision was based on the conclusion that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment.

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