DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pulse Health
(AG2015/6703)

WESTMEAD REHABILITATION HOSPITAL & HSU-NSW ENTERPRISE AGREEMENT 2015 - 2016

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the Westmead Rehabilitation Hospital & HSU-NSW Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Westmead Rehabilitation Hospital & HSU-NSW 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 Pulse Health. 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.

[3] The Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pulse Health Pty Ltd lodged an application with the Fair Work Commission for the approval of the Westmead Rehabilitation Hospital & HSU-NSW Enterprise Agreement 2015-2016. The Health Services Union of New South Wales (HSU-NSW) opposed the application, raising concerns about certain provisions within the agreement. The case was heard and determined by the Fair Work Commission, which was required to assess whether the enterprise agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement contained provisions that complied with the provisions of the Fair Work Act, particularly those relating to the protection of employees' rights and the avoidance of detrimental effects on employees. The HSU-NSW argued that certain clauses within the agreement would adversely affect employees, while Pulse Health contended that the agreement was fair and balanced, providing appropriate protections and benefits to its workforce.

The Commission examined the specific provisions of the agreement in detail, considering the implications for the employees covered by the agreement. It assessed whether the agreement provided fair terms and conditions of employment and whether it avoided detrimental effects on employees. The Commission took into account the nature of the agreement, the bargaining process, and the views of the parties. Ultimately, the Commission found that the agreement, while not perfect, did not contain provisions that would have a detrimental effect on employees. It approved the agreement, recognising the need for a balanced approach that considered the interests of both employers and employees.

The Fair Work Commission approved the Westmead Rehabilitation Hospital & HSU-NSW Enterprise Agreement 2015-2016, subject to certain conditions. This decision was based on the Commission's assessment that the agreement, while not ideal, provided fair terms and conditions of employment and did not have detrimental effects on employees. The approval was contingent upon compliance with the specified conditions, ensuring that the agreement would operate in a manner consistent with the principles of the Fair Work Act.

Pulse Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established