DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital
(AG2016/7458)

TOOWONG PRIVATE HOSPITAL - ADMINISTRATION EMPLOYEES - ENTERPRISE AGREEMENT 2016-2018

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 19 JANUARY 2017

Application for approval of the Toowong Private Hospital - Administration Employees - Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Toowong Private Hospital - Administration Employees - Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital. The Agreement is a single enterprise agreement.

[2] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 19 January 2017 and, in accordance with s.54, will operate from 26 January 2017. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves N A Kratzmann and Sons Pty Ltd trading as Toowong Private Hospital and its administrative employees. The hospital applied for approval of an Enterprise Agreement for the years 2016 to 2018. The Fair Work Commission was tasked with deciding whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission addressed were whether the agreement provided for proper bargaining, was free from coercion and undue influence, and contained minimum terms and conditions of employment as required by the Act. Additionally, the Commission had to assess whether the agreement met the "better off overall test," ensuring that employees were no worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement had been properly negotiated and contained all required minimum terms. The Commission was satisfied that the agreement was free from coercion and undue influence, and it met the better off overall test. Consequently, the Commission approved the application for the Enterprise Agreement. The approval ensures that the terms and conditions of employment for the administrative employees of Toowong Private Hospital for the specified period are legally binding.

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