[2015] FWCA 2348

The attached document replaces the document previously issued with the above code on 2 April 2015.

The operative date of the agreement appearing in paragraph [5] has been amended to reflect to correct operative date.

Associate to Deputy President Kovacic

7 April 2015

[2015] FWCA 2348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd T/A North West Private Hospital
(AG2015/1501)

HEALTHE CARE BURNIE PTY LTD (‘NORTH WEST PRIVATE HOSPITAL’) AND HEALTH AND COMMUNITY SERVICES UNION HOSPITAL STAFF ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Healthe Care Burnie Pty Ltd (‘North West Private Hospital’) and Health and Community Services Union Hospital Staff Enterprise Agreement 2014.

[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 2014 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Healthe Care Burnie Pty Ltd T/A North West Private Hospital. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 1 July 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Healthe Care Burnie Pty Ltd trading as North West Private Hospital, sought approval of the Health and Community Services Union Hospital Staff Enterprise Agreement 2014. The respondents, including the Health and Community Services Union and the Australian Medical Association, contested the application. The dispute came before the Fair Work Commission. The central legal issues the Commission needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the interests of the employees and employers. Specifically, the Commission had to determine whether the agreement was appropriately negotiated, included all mandatory terms, and did not contain any unfair provisions.

The Commission examined the negotiation process, the content of the agreement, and its implications for both the employees and employers. It considered evidence on the fairness of the agreement and whether it complied with the mandatory terms set out in the Fair Work Act. The Commission found that the agreement had been appropriately negotiated and contained all the necessary mandatory terms. Furthermore, the Commission was satisfied that the agreement did not contain any unfair provisions and was in the interests of both parties. The Commission approved the agreement, stating that it appropriately balanced the rights and obligations of both employers and employees.

In approving the agreement, the Commission noted the importance of maintaining a stable and fair working environment. It highlighted that the agreement provided for clear communication channels, fair dispute resolution processes, and adequate safeguards for both parties. The Commission concluded that the agreement met the statutory requirements and was in the best interests of the employees and employers. The final orders of the Commission were that the Health and Community Services Union Hospital Staff Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act.

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

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established