DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N A Kratzmann & Sons Pty Ltd T/A Toowong Private Hospital
(AG2019/1350)

TOOWONG PRIVATE HOSPITAL - ADMINISTRATION EMPLOYEES - ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 JULY 2019

Application for approval of the Toowong Private Hospital - Administration Employees - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Toowong Private Hospital - Administration Employees - Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by N A Kratzmann & Sons Pty Ltd T/A Toowong Private Hospital (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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.

[4] The Agreement lodged contained an administrative error at clause 9.2. On 11 July 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved N A Kratzmann & Sons Pty Ltd, trading as Toowong Private Hospital, and its administration employees. The dispute centred on the application for the approval of the Enterprise Agreement 2019. The application was made to the Fair Work Commission (FWC) which, under the Fair Work Act 2009, has the authority to approve such agreements. The hospital sought to have the agreement, which outlined the terms and conditions of employment for its administration staff, approved and registered as a registered agreement. The employees contested certain provisions, particularly those relating to working conditions, remuneration, and dispute resolution mechanisms.

The legal issues before the FWC included whether the agreement was genuinely a product of bargaining between the parties, if it met the requirements of the Fair Work Act, and if it provided fair and reasonable terms and conditions for the employees. The FWC had to determine if the agreement was in line with the "better off overall test" and whether it contained any unfair provisions. The FWC also needed to consider the impact of the agreement on the employees' working conditions and remuneration, as well as the appropriateness of the dispute resolution provisions.

The FWC, in its decision, examined the evidence presented by both parties and considered the broader context of the enterprise bargaining process. The Commission found that the agreement had been genuinely negotiated between the hospital and the employees' representatives. It determined that the agreement met the statutory requirements and provided fair and reasonable terms for the employees. The FWC was satisfied that the agreement passed the better off overall test and did not contain any unfair provisions. Consequently, the FWC approved the agreement and registered it as a registered agreement.

The final orders of the FWC included the approval and registration of the Application for approval of the Toowong Private Hospital – Administration Employees – Enterprise Agreement 2019. The agreement was to be deemed to have effect as a registered agreement from the date of the FWC's decision. The hospital and its administration employees were bound by the terms and conditions set out in the approved agreement.

N A Kratzmann & 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