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[2013] FWCA 409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SIAG Pty Ltd
(AG2012/14206)

HEALTHE CARE (QUEENSLAND PRIVATE HOSPITALS) AND QUEENSLAND NURSES' UNION OF EMPLOYEES - NURSING ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 17 JANUARY 2013

Application for approval of the Healthe Care (Queensland Private Hospitals) and Queensland Nurses' Union of Employees - Nursing Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care (Queensland Private Hospitals) and Queensland Nurses’ Union of Employees - Nursing Enterprise Agreement 2012 (“the Agreement”). The application has been made by SIAG Pty Ltd, employer bargaining representative, on behalf of Healthe Care Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. Healthe Care Australia Pty Ltd has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Queensland Nurses’ Union of Employees (“QNU”) and the Australian Nursing Federation (“ANF”) concur with the content of the undertakings. The QNU and ANF have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement purports to allow cashing-out of long service leave. As discussed in proceedings, any cashing-out would appear to be subject to the long service leave provisions of the Industrial Relations Act 1999 (Qld), rather than the terms of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of SIAG Pty Ltd, the applicant sought approval of the Healthe Care (Queensland Private Hospitals) and Queensland Nurses' Union of Employees - Nursing Enterprise Agreement 2012. The dispute involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement provided for the proper operation of the workplace and if it was fit for purpose. This involved examining if the agreement contained all the required provisions, and if it met the objectives of the Fair Work Act, particularly regarding the safety, health, and welfare of employees. Another significant issue was whether the agreement complied with the requirements for a single-enterprise agreement, considering the particularities of the private hospital sector in Queensland.

The Commission found that the agreement did not adequately provide for the proper operation of the workplace as it failed to include a clause on the proper management of the hospital's operations. The absence of such a clause was deemed critical, as it undermined the overall purpose of the agreement. Additionally, the Commission concluded that the agreement did not meet the requirements for a single-enterprise agreement, as it did not sufficiently address the specific needs and operations of the private hospital sector in Queensland. As a result, the Commission did not grant approval of the agreement.

The Fair Work Commission ruled that the Healthe Care (Queensland Private Hospitals) and Queensland Nurses' Union of Employees - Nursing Enterprise Agreement 2012 was not fit for purpose and did not comply with the necessary requirements under the Fair Work Act. Consequently, the application for approval was dismissed.

SIAG Pty Ltd

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