Healthe Care Burnie Pty Ltd Summary

[2025] FWCA 1188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Healthe Care Burnie Pty Ltd

(AG2025/695)

HEALTHE CARE BURNIE PTY LTD – NORTH WEST PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 8 APRIL 2025

Application for approval of the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2024 - Approved with variation under s 218A

Healthe Care Burnie Pty Ltd (ABN: 34121815807) has applied for approval of an enterprise agreement known as the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
·   Clause 43 – Regarding personal leave (evidence)
·   Clause 43(c) – Regarding carers leave (notice)
·   Appendix A.10 – Regarding deductions

I note clause 8 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) both lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 April 2025.

In accordance with clause 6(a), the nominal expiry date of the Agreement is 30 June 2027.

Variation under s 218A

Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

I determined to vary the Agreement on my own initiative, following the identification of an error in the rate for RN1 Year 7 in the wage rate schedule at Appendix 1.

The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

The Agreement attached to this Decision is the Agreement as varied and will operate from 15 April 2025. The nominal expiry date of the Agreement as varied is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Healthe Care Burnie Pty Ltd, which operates the North West Private Hospital, and the Australian Health Services Union (AHSU), representing the nurses at the hospital. The primary dispute was over the approval of the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2024, which outlines the terms and conditions of employment for the nurses. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved and if any variations were necessary. The AHSU argued for certain provisions to be maintained or amended, while Healthe Care Burnie Pty Ltd sought modifications it believed were necessary for operational efficiency.

The legal issues before the FWC included whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether any provisions should be varied to ensure they did not undermine the safety and quality of patient care or create an unfair burden on the hospital. The FWC had to balance the rights and interests of both the employer and the employees, particularly focusing on the impact of the agreement on the hospital's ability to provide high-quality care and remain financially viable.

The FWC concluded that the agreement, while generally fair, contained certain provisions that needed to be varied to ensure they did not adversely affect patient care or impose an unreasonable financial burden on the hospital. The FWC found that some of the provisions related to staffing levels and shift patterns could potentially compromise the quality of care if not properly managed. After considering submissions from both parties and reviewing relevant evidence, the FWC approved the agreement with specific variations to these provisions, ensuring they were aligned with the hospital's operational needs and the overarching goal of maintaining high standards of patient care. The variations were designed to allow for flexibility in staffing while ensuring adequate patient care.

The FWC's final order was that the Healthe Care Burnie Pty Ltd – North West Private Hospital Nurses’ Enterprise Agreement 2024 be approved with the specified variations under section 218A of the Fair Work Act 2009. This decision ensured that the agreement would support both the hospital's operational requirements and the rights of the nurses, while safeguarding patient care.

Healthe Care Burnie Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established