DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd T/A North West Private Hospital
(AG2019/3428)

HEALTHE CARE AUSTRALIA PTY LTD - NORTH WEST PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 21 OCTOBER 2019

Application for approval of the Healthe Care Australia Pty Ltd - North West Private Hospital Nurses’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care Australia Pty Ltd - North West Private Hospital Nurses’ Enterprise Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 October 2019. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

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 Healthe Care Australia Pty Ltd - North West Private Hospital Nurses’ Enterprise Agreement 2019. The applicant sought to have the agreement made under the Fair Work Act 2009 approved by the Commission. The application was made by the employer and the Registered Organisation, the Australian Nurses and Midwifery Federation. The application was opposed by a group of nurses who were represented by the Australian Nursing and Midwifery Federation. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act, including whether it was made in good faith and whether it provided for the proper operation of the enterprise.

The primary legal issue was whether the agreement was made in good faith and was consistent with the objectives of the Fair Work Act. The Commission examined the process by which the agreement was negotiated, the extent to which the parties had engaged in good faith bargaining, and whether the terms of the agreement were consistent with the provisions of the Act. The Commission also considered whether the agreement provided for the proper operation of the enterprise and met the requirements of the safety net provisions of the Act. The applicant argued that the agreement was the result of good faith negotiations and provided for the proper operation of the enterprise, while the opposing nurses argued that the agreement was not made in good faith and did not meet the safety net provisions of the Act.

The Fair Work Commission found that the agreement was made in good faith and met the criteria for approval under the Fair Work Act. The Commission found that the process by which the agreement was negotiated was consistent with the requirements of the Act and that the parties had engaged in good faith bargaining. The Commission also found that the terms of the agreement were consistent with the objectives of the Act and provided for the proper operation of the enterprise. The Commission rejected the arguments of the opposing nurses and found that the agreement met the safety net provisions of the Act.

The Fair Work Commission approved the Healthe Care Australia Pty Ltd - North West Private Hospital Nurses’ Enterprise Agreement 2019. The Commission found that the agreement met the criteria for approval under the Fair Work Act and was consistent with the objectives of the Act. The Commission also found that the agreement was made in good faith and provided for the proper operation of the enterprise. The Commission rejected the arguments of the opposing nurses and found that the agreement met the safety net provisions of the Act. The agreement was approved and will now be applied to the nurses employed by the North West Private Hospital.

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