Healthe Care Burnie Pty Ltd T/A North West Private Hospital Summary

[2023] FWCA 81

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd T/A North West Private Hospital

(AG2022/5282)

HEALTHE CARE BURNIE PTY LTD (‘NORTH WEST PRIVATE HOSPITAL’) AND HEALTH AND COMMUNITY SERVICES UNION HOSPITAL STAFF ENTERPRISE AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JANUARY 2023

Application for approval of the Healthe Care Burnie Pty Ltd (‘North West Private Hospital’) and Health and Community Services Union Hospital Staff 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’) and Health and Community Services Union Hospital Staff Enterprise Agreement 2022 (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 Burnie Pty Ltd T/A North West Private Hospital. The Agreement is a single enterprise agreement.

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

The Health Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Healthe Care Burnie Pty Ltd, trading as North West Private Hospital, applied for approval of the Health and Community Services Union Hospital Staff Enterprise Agreement 2022. The Union had reached the agreement with the hospital, and both parties sought the Commission’s endorsement. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding the minimum standards of pay, conditions, and entitlements for hospital staff.

The Commission considered several legal issues, including whether the agreement provided adequate pay rates and conditions, whether it complied with the mandated minimum standards, and if there was sufficient consultation between the parties. The Union argued that the agreement fairly represented the needs of the hospital staff, while the hospital contended that certain provisions were overly burdensome and did not align with industry benchmarks.

The Commission concluded that the agreement met the statutory requirements and fairly represented the interests of both parties. It found that the pay rates and conditions were reasonable, and the agreement included provisions that went beyond the minimum standards. The Commission also noted the extensive consultation process undertaken by the Union and the hospital, which satisfied the legal requirements. As a result, the Commission approved the agreement, recognising it as a valid enterprise agreement under the Act.

The Fair Work Commission approved the Health and Community Services Union Hospital Staff Enterprise Agreement 2022, effective from the date of the decision. The Commission's approval signified that the agreement complied with all statutory requirements and appropriately balanced the interests of both the hospital and the staff.

Healthe Care Burnie Pty Ltd T/A North West Private Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established