HEALTHE CARE PTY LTD (NEW SOUTH WALES HOSPITALS) AND THE NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017

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1 [2018] FWCA 3084 DECISION Fair Work Act 2009 s.185 Enterprise agreement Healthe Care Australia Pty Ltd (AG2017/5002) HEALTHE CARE PTY LTD (NEW SOUTH WALES HOSPITALS) AND THE NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017 Health and welfare services DEPUTY PRESIDENT KOVACIC CANBERRA, 30 MAY 2018 Application for approval of the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement [1] An application has been made for approval of an enterprise agreement known as the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthe Care Australia Pty Ltd. The Agreement is a single enterprise agreement. [2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [3] As noted, pursuant to s.190(3), I have accepted undertakings from Healthe Care Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision. [4] The Australian Nursing and Midwifery Federation 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. 1

2 [2018] FWCA 3084 [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June The nominal expiry date of the Agreement is 30 September Printed by authority of the Commonwealth Government Printer <AE PR607578> 2

3 [2018] FWCA 3084 Annexure A 3

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127 FAIR WORK COMMISSION MATTER NO: AG2017/ 5002 UNDERTAKINGS Healthe Care Australia Pty Ltd and Pulse Health Limited provide the following undertakings in accordance with section 190 of the Fair Work Act 2009: 1. Clause 23(xiii) of the Agreement is amended to include the following: If on the termination of an employee s employment, time off in lieu for overtime (TOIL) worked has not be taken by the employee, the Employer will pay the employee the accrued untaken TOIL on termination. 2. Appendix 1 Table 1 titled Westmead Rehabilitation Hospital is amended as follows: Agreement Classification FFPPOA 1 July 17 Assistant in Nursing, Assistant in Midwifery and Trainee Enrolled Nurse ($p/hr) First year of service Second year of service A casual employee employed in the classification of an Assistant in Nursing, Assistant in Midwifery and Trainee Enrolled Nurse will not be engaged to work more than 44 hours of work in any week (which may be averaged over a fortnight period). Further, in addition to the above, the below arrangements will apply in relation to such work performed by a casual employee in addition to 10 hours in a day, 38 hours per week (or 76 hours in a fortnight), noting that any such overtime will not exceed 2 hours in a day or 6 hours in a week: Site Penalty rate for overtime (inclusive casual loading) Forster (AIN, AIM and Trainee EN 1 st year of experience) 45% Shellharbour and South Coast (AIN, AIM and Trainee EN 1 st year of 43% experience) Westmead (AIN, AIM and Trainee EN 1 st and 2 nd year of experience) 75% Westmead (AIN, AIM and Trainee EN 3 rd year of experience) 68.5% 4. A casual employed in the classifications set out in the below table, working ordinary hours on a Saturday or Sunday under this Agreement, will be paid the following minimum rates (which are inclusive of the casual loading) per hour on a Saturday and/ or Sunday: Agreement Classification FFPPOA 1 July 17 FFPPOA 1 July 2017 Assistant in Nursing, Assistant in Midwifery and Trainee Enrolled Nurse Saturday ($p/hr) Sunday ($p/hr) First year of service* Second year of service** Third year of service** Thereafter** *Applies to all Facilities listed in the Agreement. **For the second, third and thereafter years of service rates, this does not apply employees paid in accordance with Appendix 1 Table 1 titled All HCA. 5. Casual employees will not be excluded from the application of clause 19 Fares and Expenses under this Agreement. 6. Clause 27(xii)(a) will be amended to include the following subclause 27(xii)(a)(1): (1) Provided that, in the case of a part-time employee, such employee shall be entitled to additional annual leave in accordance with: subclause (a) above; or the definition of a shiftworker (for the purposes of the additional week of annual leave provided by the NES), specifically where the employee is regularly rostered over 7 days of the week and regularly works on weekends; whichever gives rise to the greater leave entitlement for the part time employee. Andrew Mereau General Manager People and Innovation