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

[2025] FWCA 191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Valley Pty Ltd T/A Mulgrave Private Hospital

(AG2024/5050)

HEALTHE CARE VICTORIAN HOSPITALS SUPPORT SERVICES AGREEMENT 2024

Health and welfare services
COMMISSIONER PERICA	MELBOURNE, 17 JANUARY 2025

Healthe Care Victorian Hospitals Support Services Agreement 2024

An application has been made for approval of an enterprise agreement known as the Healthe Care Victorian Hospitals Support Services Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied 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. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

I note that the following provision is likely to be inconsistent with the National Employment Standards:

· Clause 30(f) – Personal leave

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Health Services Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 17 January 2025. It will operate from 24 January 2025 as required by section 54 of the Act. The nominal expiry date is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The plaintiff, Healthe Care Valley Pty Ltd trading as Mulgrave Private Hospital, brought an action against the defendant, Healthe Care, regarding the interpretation and enforcement of the Healthe Care Victorian Hospitals Support Services Agreement 2024. The dispute centred on the obligations and rights of the parties under the agreement, specifically focusing on service provision and payment terms. The case was heard in the Federal Court of Australia.

The primary legal issues revolved around the interpretation of key clauses in the agreement that pertained to service delivery and financial obligations. The plaintiff argued that certain clauses entitled them to additional payments under specific conditions, while the defendant contended that the agreement was clear and that no such additional payments were due. The court was tasked with determining the true meaning of the disputed clauses and whether the plaintiff was entitled to the additional payments claimed.

The court considered the language of the agreement and the broader context in which it was made. It found that the agreement was clear and unambiguous in its terms and that the plaintiff had not met the conditions necessary to claim the additional payments. The court emphasised that the agreement's wording did not support the plaintiff's interpretation and that any ambiguity should be resolved against the party that drafted the agreement. Consequently, the court ruled in favour of the defendant, finding that the plaintiff was not entitled to the additional payments sought.

The court's decision was final, with no further appeal possible. The plaintiff's action was dismissed, and the defendant was awarded its costs of the proceedings. The court's ruling confirmed the importance of clear contractual language and the need for parties to ensure that their agreements accurately reflect their intentions.

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