DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd T/A Healthe Care
(AG2018/4926)

HEALTHE CARE (WOLLONGONG DAY SURGERY AND HEALTHWOODS DAY SURGERY) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 12 APRIL 2019

Application for approval of the Healthe Care (Wollongong Day Surgery and Healthwoods Day Surgery) Health Professionals and Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Wollongong Day Surgery and Healthwoods Day Surgery) Health Professionals and 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 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[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 19 April 2019. The nominal expiry date of the Agreement is 1 September 2019.

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 tasked with approving the Healthe Care (Wollongong Day Surgery and Healthwoods Day Surgery) Health Professionals and Support Services Enterprise Agreement 2017. This agreement was put forward as a compromise between Healthe Care Australia Pty Ltd and the Health Professionals and Support Services Union. The dispute arose out of negotiations between the parties concerning the terms and conditions of employment for certain health professionals and support staff working at Wollongong Day Surgery and Healthwoods Day Surgery.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009, and if it provided fair and reasonable terms and conditions for the employees involved. The Commission had to consider whether the agreement contained the requisite "no disadvantage" test, ensuring that the terms of the agreement did not place employees in a position less favourable than their previous conditions or the applicable minimum standards. Furthermore, the Commission assessed whether the agreement complied with the procedural requirements set out in the Act, including the necessity for genuine bargaining and adequate disclosure of information.

After thorough consideration, the Commission determined that the proposed enterprise agreement satisfied the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, meeting the "no disadvantage" test. Additionally, the Commission was satisfied that the agreement was the product of genuine bargaining and that the requisite procedural requirements were met. Therefore, the Commission approved the Healthe Care (Wollongong Day Surgery and Healthwoods Day Surgery) Health Professionals and Support Services Enterprise Agreement 2017. The decision reflects the Commission's commitment to ensuring that enterprise agreements promote fair and reasonable terms for employees while also recognising the importance of the bargaining process.

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