DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Marian Centre Pty Ltd
(AG2015/5680)

HEALTHE CARE (WA PRIVATE HOSPITAL) NURSES’ ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the Healthe Care (WA Private Hospital) Nurses’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (WA Private Hospital) Nurses’ Enterprise Agreement 2015 (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 Marian Centre Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Australian Nursing and Midwifery Federation, 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.

[4] The Agreement was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Healthe Care (WA Private Hospital) Nurses’ Enterprise Agreement 2015. The applicant, Healthe Care Marian Centre Pty Ltd, sought to have the agreement, which was previously certified by the Commission, approved. The dispute arose from objections raised by the Australian Nursing and Midwifery Federation, which claimed that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the agreement complied with the procedural requirements for approval and whether it contained the necessary substantive provisions to be considered fair and reasonable. The Commission had to examine the process by which the agreement was negotiated, the extent of employee and employer participation, and whether the agreement was genuinely negotiated and not imposed. Additionally, the Commission assessed whether the agreement contained appropriate terms and conditions that were fair and reasonable for the employees.

The Fair Work Commission determined that the application for approval was valid and that the agreement met all procedural and substantive requirements for approval under the Fair Work Act. The Commission found that the agreement was genuinely negotiated, and that the process adhered to the requirements of the Act, with adequate participation from both employers and employees. The Commission also concluded that the agreement contained fair and reasonable terms and conditions, ensuring that it was in the best interests of the employees. Consequently, the application for approval was successful.

The Commission approved the Healthe Care (WA Private Hospital) Nurses’ Enterprise Agreement 2015, confirming its validity and enforceability. The decision underscored the importance of genuine negotiation and adherence to procedural requirements in the context of enterprise agreements. This outcome sets a precedent for similar cases and provides clarity on the criteria for approval of enterprise agreements under the Fair Work Act.

Healthe Care Marian Centre Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established