DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PERH Pty Ltd T/A Eden Rehabilitation Hospital
(AG2019/47)

HEALTHE CARE (GYMPIE PRIVATE HOSPTIAL, EDEN REHABILITATION HOSPITAL AND MACKAY REHABILITATION HOSPITAL) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the Healthe Care (Gympie Private Hospital, Eden Rehabilitation Hospital and Mackay Rehabilitation Hospital) Health Professionals Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Gympie Private Hospital, Eden Rehabilitation Hospital and Mackay Rehabilitation Hospital) Health Professionals Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by PERH Pty Ltd T/A Eden Rehabilitation Hospital. 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 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, PERH Pty Ltd trading as Eden Rehabilitation Hospital, applied to the Fair Work Commission for approval of the Healthe Care (Gympie Private Hospital, Eden Rehabilitation Hospital and Mackay Rehabilitation Hospital) Health Professionals Enterprise Agreement 2018. The applicant sought to have the agreement registered with the Fair Work Commission under section 231 of the Fair Work Act 2009. The dispute centred on the validity and compliance of the agreement with the legislative requirements of the Fair Work Act and the Fair Work Regulations 2009.

The primary legal issue before the Fair Work Commission was whether the agreement met all the statutory requirements for registration under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the procedural requirements for bargaining, including whether genuine efforts were made to reach an agreement, and if the agreement contained the mandatory terms and conditions as stipulated by the Act. Additionally, the Commission had to assess whether the agreement was consistent with the national system for the resolution of industrial matters and did not undermine the operation of the national workplace relations system.

The Fair Work Commission found that the agreement was procedurally valid and complied with the mandatory terms and conditions. The Commission was satisfied that genuine efforts were made to reach the agreement and that the agreement contained the necessary provisions. Furthermore, the Commission determined that the agreement did not undermine the national workplace relations system and was consistent with the national system for the resolution of industrial matters. Consequently, the Fair Work Commission approved the agreement and ordered its registration under the Fair Work Act.

The Fair Work Commission's decision resulted in the registration of the Healthe Care (Gympie Private Hospital, Eden Rehabilitation Hospital and Mackay Rehabilitation Hospital) Health Professionals Enterprise Agreement 2018, effective from the date of the decision. The agreement now legally binds the parties and will govern the employment conditions of health professionals at the specified hospitals.

PERH Pty Ltd T/A Eden Rehabilitation Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established