Healthe Care Surgical Pty Ltd T/A Healthe Care Summary

[2022] FWCA 1371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Surgical Pty Ltd T/A Healthe Care

(AG2022/904)

Hobson Healthcare Nurses Enterprise Agreement 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 APRIL 2022

Application for approval of the Hobson Healthcare Nurses Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Hobson 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 Surgical Pty Ltd T/A Healthe Care. The Agreement is a single enterprise agreement.

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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2022. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthe Care Surgical Pty Ltd, trading as Healthe Care, sought approval for the Hobson Healthcare Nurses Enterprise Agreement 2020 from the Fair Work Commission. The dispute arose from negotiations between the company and the Australian Nurses and Midwifery Federation, which represented the nurses. The matter was heard in the Fair Work Commission, Australia's independent statutory body responsible for the resolution of workplace disputes and the promotion of cooperative workplace relations.

The primary legal issues before the Commission were whether the terms of the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the legislation. The Commission also needed to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which requires registered organisations to act in the best interests of their members.

In its decision, the Commission found that the agreement satisfied the necessary legal standards. The Commission acknowledged that while there were some concerns regarding the specifics of certain clauses, overall the agreement provided for fair and reasonable terms and conditions for the nurses. The procedural requirements were also met, as the agreement was negotiated in good faith and followed the relevant processes. The Commission concluded that the agreement was consistent with the overarching legislative framework and approved it accordingly.

The Fair Work Commission approved the Hobson Healthcare Nurses Enterprise Agreement 2020, affirming its compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. This decision sets a precedent for similar agreements in the healthcare sector and provides clarity on the standards expected for enterprise agreements in Australia.

Healthe Care Surgical Pty Ltd T/A Healthe Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established