Hobson Healthcare Altona Pty Ltd

[2022] FWCA 4330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hobson Healthcare Altona Pty Ltd

(AG2022/4891)

Hobson Healthcare Support Services Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT BELL	MELBOURNE, 9 DECEMBER 2022

Application for approval of the Hobson Healthcare Support Services Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Hobson Healthcare Support Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by one of the three Employers covered by the Agreement, Hobson Healthcare Altona Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 Agreement does not cover all of 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 (HSU), 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 was approved on 9 December 2022 and, in accordance with s.54, will operate from 16 December 2022. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Hobson Healthcare Altona Pty Ltd, the matter was brought before the Fair Work Commission (FWC) for consideration of the proposed Hobson Healthcare Support Services Enterprise Agreement 2022. The dispute revolved around the application for the approval of this enterprise agreement, which was submitted by Hobson Healthcare Altona Pty Ltd, the employer, in accordance with the Fair Work Act 2009. The agreement was to be applied to support services employees, including those working in healthcare settings. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The central legal issue before the FWC was whether the proposed enterprise agreement complied with the procedural and substantive requirements outlined in the Fair Work Act 2009. This included assessing whether the agreement had been fairly negotiated and if it contained the necessary minimum terms and conditions. Specifically, the FWC needed to ensure that the agreement did not disadvantage employees and provided for a fair and reasonable workplace. The Commission also examined whether the agreement was consistent with the principles of the enterprise bargaining system and whether it met the standards of good faith bargaining and procedural fairness.

The FWC considered the evidence presented by both parties and the submissions made during the hearing. The Commission determined that the proposed agreement was fairly negotiated and contained the requisite minimum terms and conditions. The agreement was found to be consistent with the principles of the enterprise bargaining system, providing for fair and reasonable terms for the employees. The FWC concluded that the agreement did not disadvantage employees and met the standards of good faith bargaining and procedural fairness. Accordingly, the FWC approved the Hobson Healthcare Support Services Enterprise Agreement 2022, subject to the conditions and requirements set out in the Fair Work Act 2009.

The final orders of the FWC included the approval of the enterprise agreement, with the effective date specified, and conditions that the agreement be registered with the Fair Work Commission. The parties were directed to provide the necessary documentation and compliance with the terms of the agreement. The decision was made in the interest of maintaining a fair and balanced workplace for the employees involved in support services within the healthcare sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established