Healthe Care South Eastern Pty Ltd T/A South Eastern Private Hospital

[2023] FWCA 1856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care South Eastern Pty Ltd T/A South Eastern Private Hospital

(AG2023/1814)

AURORA HEALTHCARE (VICTORIAN HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 JUNE 2023

Application for approval of the Aurora Healthcare (Victorian Hospitals) Support Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Aurora Healthcare (Victorian Hospitals) Support Services Enterprise Agreement 2023 (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 Pty Ltd T/A South Eastern Private Hospital. The Agreement is a single enterprise agreement. The Agreement covers two employers, Healthe Care South Eastern Pty Ltd T/A South Eastern Private Hospital and Healthe Care Vaucluse Pty Ltd T/A Brunswick Private Hospital, that are related bodies corporate and therefore, pursuant to s.172(5) of the Act, are single-interest.

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.

I observe that clause 36(b)(ii) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Health Services Union 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.

The Agreement was approved on 27 June 2023 and, in accordance with s.54, will operate from 4 July 2023. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Healthe Care South Eastern Pty Ltd, trading as South Eastern Private Hospital, applied for approval of the Aurora Healthcare (Victorian Hospitals) Support Services Enterprise Agreement 2023. The dispute centred around the terms and conditions of employment for support services staff within the hospital. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement provided adequate protection of employees' rights and interests, ensuring it was in the best interests of the employees. This included assessing whether the agreement complied with the relevant provisions of the Fair Work Act, including provisions relating to minimum entitlements, the right to request flexible working arrangements, and the protection of employees from unfair dismissal.

The Commission considered the evidence presented by both parties and found that the agreement did provide adequate protection of employees' rights and interests. The Commission was satisfied that the agreement met all the statutory requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the agreement. The Commission ordered that the Aurora Healthcare (Victorian Hospitals) Support Services Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established