DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd T/A North West Private Hospital
(AG2020/3027)

HEALTHE CARE BURNIE PTY LTD (‘NORTH WEST PRIVATE HOSPITAL’) AND HEALTH AND COMMUNITY SERVICES UNION HOSPITAL STAFF ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 DECEMBER 2020

Application for approval of the Healthe Care Burnie Pty Ltd (‘North West Private Hospital’) and Health and Community Services Union Hospital Staff Enterprise Agreement 2020.

[1] 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 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 Burnie Pty Ltd T/A North West Private Hospital. 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] I note that Clause 21(j) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 45 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Healthe Care Burnie Pty Ltd trading as North West Private Hospital, which sought approval for the Health and Community Services Union Hospital Staff Enterprise Agreement 2020. The union had lodged an application seeking the agreement's approval, and the hospital supported the application. The primary concern was whether the agreement met the legal standards and criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, including whether it contained all the mandatory terms and conditions as required by the legislation. Additionally, the court had to consider whether the agreement had been fairly negotiated and if it appropriately addressed the terms of employment for the hospital staff, ensuring it did not contravene any provisions of the Act or other relevant industrial instruments.

The Commission examined the agreement in detail, ensuring it included all mandatory terms and conditions and was appropriately negotiated. The Commission found that the agreement was comprehensive and met all the statutory requirements. It was satisfied that the agreement had been fairly negotiated and contained appropriate terms for the employees. Consequently, the application for approval was granted, and the Health and Community Services Union Hospital Staff Enterprise Agreement 2020 was duly approved.

The Fair Work Commission granted the application for the approval of the Health and Community Services Union Hospital Staff Enterprise Agreement 2020, confirming that the agreement met all the necessary legal standards and requirements under the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established