Healthe Care Surgical Pty Ltd T/A Healthe Care

[2022] FWCA 366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Surgical Pty Ltd T/A Healthe Care

(AG2021/8725)

Healthe Care Surgical Pty Ltd Victorian Private Hospitals - Nurses nterprise Agreement 2020

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 7 FEBRUARY 2022

Application for approval of the Healthe Care Surgical Pty Ltd Victorian Private Hospitals - Nurses Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the Healthe Care Surgical Pty Ltd Victorian Private Hospitals - 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, will operate from 14 February 2022. 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 Fair Work Commission, Healthe Care Surgical Pty Ltd, trading as Healthe Care, applied for approval of the Healthe Care Surgical Pty Ltd Victorian Private Hospitals – Nurses Enterprise Agreement 2020. The application was made under section 231 of the Fair Work Act 2009. The applicant argued that the agreement contained provisions that were appropriate for the circumstances and complied with the requirements of the Fair Work Act. The application was opposed by the Australian Nursing and Midwifery Federation, which contended that the agreement did not meet the appropriate standards and contained unfair provisions.

The court had to determine whether the agreement was appropriate and met the legal requirements set out in the Fair Work Act. This involved examining the agreement's provisions to ensure they were not unfair, did not undermine the operation of the Act, and complied with the relevant provisions of the Act. The court also had to consider whether the agreement was in the interests of the employees and whether it provided for the protection of employees' rights and entitlements.

After reviewing the agreement and considering the submissions made by both parties, the Fair Work Commission found that the agreement was appropriate and met the legal requirements set out in the Fair Work Act. The court noted that the agreement contained provisions that were necessary to ensure the efficient operation of the workplace and provided for the protection of employees' rights and entitlements. The court also found that the agreement was in the interests of the employees and did not contain any unfair provisions. As a result, the court approved the agreement, and it will now be registered and in force from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established