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
(AG2015/6058)

TOOWONG PRIVATE HOSPITAL - ADMINISTRATION EMPLOYEES - ENTERPRISE AGREEMENT 2015-2016

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 25 NOVEMBER 2015

Application for approval of the Toowong Private Hospital - Administration Employees - Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toowong Private Hospital - Administration Employees - Enterprise Agreement 2015 - 2016 (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. The agreement is a single enterprise agreement.

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

[3] 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

In the case of N A Kratzmann and Sons Pty Ltd T/A Toowong Private Hospital, the applicant sought approval for the Administration Employees Enterprise Agreement 2015 - 2016. This application was lodged with the Fair Work Commission, which was required to determine whether the agreement complied with the necessary legal standards and whether it was in the best interests of the employees involved. The respondents to the application included the applicant and the union representing the employees, the Health Services Union of Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the Fair Work Act 2009, specifically sections concerning the good faith bargaining, the "better off overall test," and the provision of fair terms and conditions of employment. The Commission had to assess whether the agreement met these criteria, given that it would bind the employees for the specified period and impact their working conditions and entitlements. Additionally, the Commission considered the potential effect of the agreement on the employees' overall welfare, including any changes to their pay, hours of work, leave entitlements, and other conditions of employment.

In its decision, the Commission closely examined the terms of the enterprise agreement and the evidence presented by both parties. It determined that the agreement generally met the requirements of the Fair Work Act, including the better off overall test, which assesses whether employees are better off financially under the new agreement compared to their previous conditions. The Commission found that the proposed agreement provided fair and reasonable terms for the administration employees of the Toowong Private Hospital, ensuring they were better off overall. Consequently, the Commission approved the Administration Employees Enterprise Agreement 2015 - 2016, effective from the date of the decision.

The final orders of the Commission were that the Administration Employees Enterprise Agreement 2015 - 2016 be approved as meeting the necessary legal standards and in the best interests of the employees. The agreement was to be registered with the Fair Work Commission, thereby binding the parties from the date of the decision. This approval ensured that the terms of the agreement would govern the employment conditions of the administration employees of the Toowong Private Hospital for the specified period, providing clarity and legal certainty for all involved.

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