Healthe Care Group Pty Ltd Summary

[2024] FWCA 4366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Group Pty Ltd

(AG2024/4017)

HEALTHE CARE (NSW PRIVATE HOSPITALS) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER CRAWFORD	SYDNEY, 9 DECEMBER 2024

Application for approval of the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Healthe Care Group Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Health Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Healthe Care Group Pty Ltd sought approval of the Healthe Care (NSW Private Hospitals) Health Professionals and Support Services Enterprise Agreement 2024. The application was made under section 230 of the Fair Work Act 2009 (Cth). The dispute centred around whether the enterprise agreement was appropriate for the workforce involved and complied with relevant legislative requirements.

The court had to determine if the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for employees, and if the agreement was made in good faith. Additionally, the court had to ensure that the agreement did not discriminate against employees and was not detrimental to the employees' general wellbeing. The applicants argued that the agreement was fair and reasonable and had been made in good faith, while the objectors raised concerns about the agreement's provisions.

The Fair Work Commission found that the agreement provided fair and reasonable terms and conditions for the employees, and that it was made in good faith. The Commission also found that the agreement did not discriminate against employees and was not detrimental to their general wellbeing. The Commission approved the enterprise agreement, subject to certain modifications, to address the concerns raised by the objectors. The Commission concluded that the benefits of the agreement outweighed any potential detriments to the employees.

The court upheld the Commission's decision and approved the enterprise agreement with the modifications. The applicants were directed to implement the agreement in accordance with the approved terms. The objectors' concerns were addressed by the modifications made to the agreement, ensuring that it met the statutory requirements.

Healthe Care Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established