Healthe Care Valley Pty Ltd T/A Mulgrave Private Hospital Summary

[2025] FWCA 556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Valley Pty Ltd T/A Mulgrave Private Hospital

(AG2025/41)

HEALTHE CARE VICTORIAN NURSES AGREEMENT 2024

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the Healthe Care Victorian Nurses Agreement 2024

An application has been made for approval of an enterprise agreement known as the Healthe Care Victorian Nurses Agreement 2024 (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 Valley Pty Ltd T/A Mulgrave Private Hospital. The Agreement is a single enterprise agreement.

I note the Agreement covers the following three employers that are related bodies corporate:

·   Healthe Care Valley Pty Ltd T/A Mulgrave Private Hospital
·   Hobson Healthcare Sydenham Pty Ltd T/A Hobson Healthcare Sydenham
·   Hobson Healthcare Werribee Pty Ltd T/A Hobson Healthcare Werribee

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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 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 Applicant also made a request for a cross-referencing error in the Agreement be remedied. The Applicant submitted that a reference to clause 52(h)(iii) in clause 52(g)(ii) of the Agreement should actually refer to clause 52(g)(iii). Section 218A(1) provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). Pursuant to subsection 218A(2), the Commission may vary an enterprise agreement on its own initiative or on application by one or more of the employers covered by the Agreement. Accordingly, I am satisfied that it is appropriate to amend clause 52(g)(ii) of the Agreement as this is an obvious error within the meaning of s.218A(1). I therefore amend clause 52(g)(ii) and replace the words “clause 52(h)(iii)” with “clause 52(g)(iii).” A copy of the Agreement as amended is published with this decision. For the purposes of s.218A(3) the variation operates from the date the Agreement commences operation.

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 19 February 2025. The nominal expiry date of the Agreement is 30 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Healthe Care Valley Pty Ltd, trading as Mulgrave Private Hospital, the Fair Work Commission (FWC) was asked to approve the Healthe Care Victorian Nurses Agreement 2024. The applicant, Healthe Care Valley Pty Ltd, sought the approval of the agreement as a registered agreement under the Fair Work Act 2009. The respondents, which included the Health Professionals and Support Services Union (HPSSU) and the Australian Nursing and Midwifery Federation (ANMF), did not oppose the application but made submissions on the contents of the agreement.

The primary legal issue for the Commission was whether the Healthe Care Victorian Nurses Agreement 2024 complied with the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to ensure that the agreement contained all the prescribed terms and conditions, and that it did not contain any prohibited content. The Commission also needed to consider whether the agreement was likely to have a detrimental effect on the employees to whom it would apply.

In its decision, the Commission noted that the Healthe Care Victorian Nurses Agreement 2024 was largely compliant with the statutory requirements. The agreement contained all the prescribed terms and conditions, and did not include any prohibited content. The Commission also found that the agreement was not likely to have a detrimental effect on the employees to whom it would apply. The Commission did, however, make minor modifications to the agreement to ensure that it complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission approved the Healthe Care Victorian Nurses Agreement 2024, subject to the minor modifications made by the Commission. The agreement will now be registered as a registered agreement under the Fair Work Act 2009, and will apply to the employees covered by the agreement. The Commission's decision provides clarity and certainty for the parties involved, and ensures that the agreement complies with the relevant statutory requirements.

Healthe Care Valley Pty Ltd T/A Mulgrave Private Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established