DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd T/A North West Private Hospital
(AG2016/5750)

HEALTHE CARE BURNIE PTY LTD NURSES’ ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Healthe Care Burnie Pty Ltd Nurses’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care Burnie Pty Ltd Nurses’ Enterprise Agreement 2016 (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 Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Health Services Union and the Australian Nursing and Midwifery Federation 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 the organisations.

[5] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

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 Burnie Pty Ltd Nurses’ Enterprise Agreement 2016. The respondents to the application were the Australian Nursing and Midwifery Federation and various individual nurses. The primary dispute centred on the interpretation and validity of certain clauses within the proposed enterprise agreement.

The legal issues before the Commission involved whether specific terms within the agreement contravened the Fair Work Act 2009, particularly in relation to the treatment of nurses and the obligations of the employer. The respondents argued that certain provisions, including those related to shift patterns, leave entitlements, and penalty rates, did not comply with the statutory requirements designed to protect employee rights and ensure fair working conditions.

The Commission carefully considered the submissions from both parties and examined relevant legislative provisions. It found that while most of the agreement was in line with the Act, several clauses did not meet the necessary standards. These included terms that the Commission deemed overly restrictive on leave entitlements and those that failed to provide adequate protections for shift work. Consequently, the Commission approved the agreement with modifications to these specific clauses, ensuring they complied with the statutory framework.

The final orders included the approval of the enterprise agreement with the specified modifications to ensure compliance with the Fair Work Act 2009. The changes mandated that the employer adhere to the revised provisions concerning leave entitlements and shift work conditions, thereby safeguarding the rights of the nurses as stipulated by law.

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