DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital
(AG2018/3328)

WYNDHAM CLINIC HEALTH PROFESSIONALS AND HEALTH AND ALLIED ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for Wyndham Clinic Unit Trust, trading as Wyndham Clinic Private Hospital, applied for approval of the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2018. The application was opposed by the Health Professionals and Allied Employees (HPAE) Union. The dispute centred on whether the agreement adequately met the requirements for approval under the Fair Work Act 2009, including whether it provided for the proper operation of the hospital and whether it contained appropriate mechanisms for dispute resolution.

The central legal issue for the Commission was whether the proposed agreement satisfied the statutory criteria for approval, particularly those related to the proper operation of the hospital, the inclusion of dispute resolution processes, and the overall fairness and balance of the agreement. The Commission examined the provisions of the agreement in detail, considering the balance between the interests of the employer and the employees, as well as the impact on the hospital's operations.

After thorough examination, the Commission determined that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for the proper operation of the hospital and included adequate dispute resolution mechanisms. It also concluded that the agreement was fair and balanced, taking into account the interests of both parties. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2018 be approved as a Registered Agreement under section 174 of the Fair Work Act 2009. The agreement was to be registered and would come into effect on the date of the Commission's decision.

The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital

DECISION

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Background to the litigation

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Legal Principle Established