DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N A Kratzmann and Sons Pty Ltd t/a Toowong Private Hospital
(AG2016/717)

TOOWONG PRIVATE HOSPITAL - ALLIED HEALTH EMPLOYEES - ENTERPRISE AGREEMENT 2016-2019

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 11 MAY 2016

Application for approval of the Toowong Private Hospital Allied Health Employees Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toowong Private Hospital Allied Health Employees Enterprise Agreement 2016 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NA Kratzmann and Sons Pty Ltd t/a Toowong Private Hospital. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 18 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, N A Kratzmann and Sons Pty Ltd, trading as Toowong Private Hospital, applied for approval of the Toowong Private Hospital Allied Health Employees Enterprise Agreement 2016-2019. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement adhered to procedural fairness and substantive fairness requirements, including the need for proper consultation and the avoidance of any unfair terms.

The legal issues before the Commission included whether the employer had genuinely bargained in good faith with the employees' representatives and whether the agreement was made in accordance with the relevant provisions of the Fair Work Act. Furthermore, the Commission had to assess if the agreement provided for the proper minimum entitlements of employees and if it contained any terms that were deemed to be unfair. The Commission also considered whether the agreement facilitated a productive workplace relationship.

After examining the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and adhered to the legal standards. The Commission concluded that the employer had engaged in genuine bargaining and that the agreement provided for the minimum entitlements of employees. The Commission also found that no terms of the agreement were unfair. As a result, the Commission approved the agreement, ensuring that it would provide a fair and productive workplace relationship for the employees of Toowong Private Hospital.

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