DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital
(AG2017/2752)

TOOWONG PRIVATE HOSPITAL ANCILLARY SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 29 NOVEMBER 2017

Application for approval of the Toowong Private Hospital - Ancillary Services Employees - Enterprise Agreement 2017.

[1] On 10 July 2017, N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital (the Applicant) made an application for approval of an enterprise agreement known as the Toowong Private Hospital – Ancillary Services Employees – Enterprise Agreement 2017 (the Agreement). The Applicant was represented by Harmers Workplace Lawyers. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The agreement is a single-enterprise agreement.

[3] There were no employee organisations involved in the agreement making process as bargaining representatives.

[4] On 23 November 2017 the Applicant filed duly executed undertakings with the Commission.

[5] Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

N A Kratzmann and Sons Pty Ltd, trading as Toowong Private Hospital, applied to the Fair Work Commission for approval of an Enterprise Agreement. The dispute involved the proposed agreement for ancillary services employees. The Fair Work Commission heard the application and was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it complied with the process provisions in the Fair Work Act, and whether it contained terms that were in the best interests of the employees. Additionally, the Commission considered whether the agreement met the statutory requirements for an enterprise agreement and if it provided for proper employee representation.

The Fair Work Commission found that the agreement was genuinely negotiated and complied with the statutory process provisions. It was noted that the agreement contained provisions that were in the best interests of the employees, including provisions for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met all the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement, subject to certain conditions and modifications. The Commission ordered that the agreement be registered and made binding on the parties. The approval was contingent upon the parties addressing specific issues within a specified timeframe.

N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established