DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd T/A Healthe Care
(AG2020/1272)

HEALTHE CARE (NSW PRIVATE HOSPITALS) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 1 JULY 2020

Application for approval of the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2020 (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 T/A Healthe Care. 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2020. The nominal expiry date of the Agreement is 1 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Healthe Care Australia Pty Ltd T/A Healthe Care, the Fair Work Commission was called upon to determine the approval of the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2020. The applicant, Healthe Care, sought the approval of the agreement, which was intended to regulate the terms and conditions of employment for health professionals and support services within New South Wales private hospitals. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the proper representation of the employees and the fairness of the terms.

The central legal issue before the Commission was whether the agreement was genuinely a product of free and voluntary bargaining and whether it was fair and reasonable in terms of its content. The Commission needed to assess whether the applicant had properly represented the employees and whether the agreement addressed the employees' needs fairly and effectively. Additionally, the Commission had to determine if the agreement met the "better-off, overall test" and whether it adhered to the Fair Work Act's objectives of creating sustainable and productive employment relationships.

In examining these issues, the Fair Work Commission found that the agreement had been negotiated in good faith and represented the genuine interests of the employees. The Commission determined that Healthe Care had demonstrated adequate representation of the employees and that the terms of the agreement were fair and reasonable. The agreement was found to meet the better-off, overall test, indicating that it provided employees with benefits that outweighed any disadvantages. Consequently, the Commission approved the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2020, recognising its compliance with the statutory requirements under the Fair Work Act.

Healthe Care Australia Pty Ltd T/A Healthe Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established