DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd T/A North West Private Hospital
(AG2017/4118)

HEALTHE CARE BURNIE PTY LTD (‘NORTH WEST PRIVATE HOSPITAL’) AND HEALTH AND COMMUNITY SERVICES UNION HOSPITAL STAFF ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER JOHNS	MELBOURNE, 30 JANUARY 2018

Application for approval of the Healthe Care Burnie Pty Ltd (‘North West Private Hospital’) and Health and Community Services Union Hospital Staff Enterprise Agreement 2017.

[1] On 11 September 2017 Healthe Care Burnie Pty Ltd T/A North West Private Hospital (Applicant) made an application for approval of the Healthe Care Burnie Pty Ltd (‘North West Private Hospital’) and Health and Community Services Union Hospital Staff Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[5] The Health Services Union (Tasmania Branch), 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 February 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Healthe Care Burnie Pty Ltd, trading as North West Private Hospital, applied for the approval of the Health and Community Services Union Hospital Staff Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The agreement in question sought to regulate the employment terms and conditions of hospital staff, and the union sought to ensure fair representation and benefits for its members.

The primary legal issues before the Commission were whether the proposed agreement met the formal requirements for approval under the Fair Work Act 2009 and whether it provided for the fair and equitable resolution of the parties' interests. The Commission had to examine if the agreement was genuinely bargained, free from coercion or undue influence, and if it contained the mandated minimum terms and conditions. The Commission also had to ensure that the agreement did not contravene any provisions of the Fair Work Act or other relevant laws.

The Fair Work Commission determined that the agreement complied with all formal requirements and met the necessary criteria for approval. The Commission found that the agreement was genuinely negotiated between the parties and contained the mandated minimum terms and conditions. Furthermore, the agreement was deemed to provide a fair and equitable resolution of the parties' interests, with adequate provisions for the protection of employees' rights and interests. Consequently, the Commission approved the Health and Community Services Union Hospital Staff Enterprise Agreement 2017.

The final orders of the Commission included the approval of the agreement, with certain minor modifications to address specific concerns raised during the hearing. The Commission directed the parties to implement the agreement and to ensure compliance with its terms. The Commission also required the parties to provide a copy of the approved agreement to the Fair Work Ombudsman within the specified timeframe.

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