Healthe Care South Eastern P/L T/A South Eastern Private Hospital

[2021] FWCA 6966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care South Eastern P/L T/A South Eastern Private Hospital
(AG2021/8373)

AURORA HEALTHCARE NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2021

Application for approval of the Aurora Healthcare Nurses Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Aurora Healthcare Nurses Enterprise Agreement 2020 (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 South Eastern P/L T/A South Eastern Private Hospital. 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.

[3] The Australian Nursing and Midwifery Federation and Health Services Union being bargaining representatives for the Agreement, have 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Healthe Care South Eastern P/L T/A South Eastern Private Hospital, the applicant sought approval for the Aurora Healthcare Nurses Enterprise Agreement 2020. The case was heard in the Fair Work Commission, where the central dispute revolved around whether the proposed agreement adequately met the legal criteria for approval as stipulated under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent contended that certain provisions did not meet the necessary standards.

The primary legal issues before the court were whether the agreement was in compliance with the provisions of the Fair Work Act and whether it adhered to the principles of procedural fairness. Specifically, the court had to examine if the agreement provided for fair terms and conditions of employment, including pay rates and other employment-related matters, while also ensuring that the agreement did not unfairly disadvantage any party. Additionally, the court had to assess whether the negotiation process was conducted in good faith and whether the agreement reflected a proper balance between the interests of the employer and the employees.

The court carefully reviewed the negotiation process and the terms of the proposed agreement. It found that the negotiation process was conducted in good faith, and the terms of the agreement were fair and reasonable. The court determined that the pay rates and conditions proposed in the agreement were commensurate with industry standards and did not unfairly disadvantage either party. It also found that the agreement contained appropriate provisions for procedural fairness, including provisions for dispute resolution and the protection of employees' rights. Consequently, the court approved the Aurora Healthcare Nurses Enterprise Agreement 2020, finding it to be compliant with the relevant legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established