Healthe Care Burnie Pty Ltd Summary

[2022] FWCA 3305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd

(AG2022/3850)

Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 SEPTEMBER 2022

Application for approval of the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation and the Health Services Union, both being a bargaining representative for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Healthe Care Burnie Pty Ltd, the applicant, sought approval of the North West Private Hospital Nurses’ Enterprise Agreement 2022. The respondent, the Australian Nurses and Midwives Federation, sought to ensure the agreement met all relevant statutory requirements and standards. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The Commission considered several key issues, including whether the agreement included all required minimum terms and conditions, and if the agreement was certified as a genuine agreement by an accredited certifier. It was also necessary to determine whether the agreement met the criteria for being an appropriate and reasonable agreement for the employees covered by it.

After examining the submitted materials and hearing submissions from both parties, the Commission found that the agreement satisfied all legislative requirements. The agreement contained all minimum terms and conditions, and was certified by an accredited party. The Commission was satisfied that the agreement was appropriate and reasonable for the employees involved. Consequently, the Commission approved the North West Private Hospital Nurses’ Enterprise Agreement 2022.

In its decision, the Commission ordered the approval of the agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and all necessary steps taken to ensure its implementation. The decision provided clarity on the terms of the agreement and set a precedent for similar agreements in the future.

Healthe Care Burnie Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established