Healthe Care Valley Pty Ltd T/A Healthe Care

[2023] FWCA 1639

[2023] FWCA 1639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Healthe Care Valley Pty Ltd T/A Healthe Care

(AG2023/1329)

HEALTHE CARE (VICTORIAN HOSPITALS) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 6 JUNE 2023

Application for approval of the Healthe Care (Victorian Hospitals) Health Professionals Enterprise Agreement 2022.

1. Healthe Care Valley Pty Ltd T/A Healthe Care (the Employer) has made an application for approval of an enterprise agreement known as the Healthe Care (Victorian Hospitals) Health Professionals Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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

1. 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 6 June 2023 and, in accordance with s.54 of the Act, will operate from 13 June 2023.  The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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Annexure A