Healthe Care Burnie Pty Ltd

[2025] FWCA 1188

[2025] FWCA 1188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Healthe Care Burnie Pty Ltd

(AG2025/695)

HEALTHE CARE BURNIE PTY LTD – NORTH WEST PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 8 APRIL 2025

Application for approval of the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2024 - Approved with variation under s 218A

1. Healthe Care Burnie Pty Ltd (ABN: 34121815807) has applied for approval of an enterprise agreement known as the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 43 – Regarding personal leave (evidence)

   ·   Clause 43(c) – Regarding carers leave (notice)

   ·   Appendix A.10 – Regarding deductions

1. I note clause 8 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) both lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 April 2025.

1. In accordance with clause 6(a), the nominal expiry date of the Agreement is 30 June 2027.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on my own initiative, following the identification of an error in the rate for RN1 Year 7 in the wage rate schedule at Appendix 1.

1. The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 15 April 2025. The nominal expiry date of the Agreement as varied is 30 June 2027.

COMMISSIONER

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