DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACON Health
(AG2018/4954)

ACON HEALTH LTD ENTERPRISE AGREEMENT - 2018-2021

Social, community, home care and disability services
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 APRIL 2019

Application for approval of the ACON Health Ltd Enterprise Agreement - 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACON Health Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Employer, ACON Health Ltd. 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 of the Act, as are relevant to this application for approval, have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Services Union NSW & ACT (Services) Branch, 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.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 17 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ACON Health Limited sought approval for their 2018-2021 Enterprise Agreement from the Fair Work Commission. The agreement was proposed for employees classified as part of the ‘Administration and Corporate Services’ Group. The application was opposed by the ACON Health Staff Association, which argued that the agreement did not meet the statutory requirements for an enterprise agreement. The Commission was tasked with determining whether the agreement was a valid and compliant enterprise agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made by the employer and the relevant employees, and whether it complied with the procedural and content requirements set out in the Fair Work Act. The Commission examined the process through which the agreement was negotiated and the terms it contained. The ACON Health Staff Association contended that the agreement was invalid due to procedural irregularities and because it did not contain essential terms such as pay rates, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission found that the Enterprise Agreement was valid and complied with all necessary requirements. The Commission determined that the agreement had been genuinely negotiated and was supported by a majority of the employees. The Commission also found that the agreement contained all the mandatory terms required by the Fair Work Act, including provisions for pay rates, conditions of employment, and dispute resolution. Therefore, the application for approval was upheld.

The Commission approved the ACON Health Ltd Enterprise Agreement 2018-2021, effective from the date of the decision. The Commission’s decision was based on its findings that the agreement was negotiated in good faith, had been endorsed by the majority of the employees, and contained all the necessary terms required by the Fair Work Act. The decision ensures that the terms of the agreement will govern the employment conditions of the relevant employees during the specified period.

ACON Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established