Adelaide Community Healthcare Alliance Incorporated

[2024] FWCA 863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Community Healthcare Alliance Incorporated

(AG2024/198)

ADELAIDE COMMUNITY HEALTHCARE ALLIANCE – CLERICAL EMPLOYEES – ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MATHESON	SYDNEY, 8 MARCH 2024

Application for approval of the Adelaide Community Healthcare Alliance – Clerical Employees – Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Adelaide Community Healthcare Alliance – Clerical Employees – Enterprise Agreement 2023 (Agreement). The application was made by Adelaide Community Healthcare Alliance Incorporated (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (Regulations) is taken to be a term of the Agreement.

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

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Health Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2024. The nominal expiry date of the Agreement is 1 April 2027.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The Adelaide Community Healthcare Alliance Incorporated sought approval of the Adelaide Community Healthcare Alliance – Clerical Employees – Enterprise Agreement 2023. The application was heard in the Fair Work Commission, which is tasked with regulating enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval and if it provided appropriate protections and benefits for the clerical employees covered by the agreement.

The central legal issues the court had to address were whether the agreement complied with the procedural requirements outlined in the Fair Work Act, such as ensuring proper consultation and bargaining processes, and whether the agreement met the substantive requirements, including provisions on minimum pay rates, penalties for contravention, and other workplace terms and conditions. The court also examined if the agreement provided for fair and reasonable terms and conditions for the employees, balancing the interests of both the employer and the employees.

The Fair Work Commission concluded that the proposed agreement complied with all necessary procedural and substantive requirements. The court found that the agreement was the product of genuine bargaining, and it provided for fair and reasonable terms and conditions for the clerical employees. The commission approved the agreement, noting that it included provisions for minimum wage rates and other protections that met the standards set by the Fair Work Act.

No additional orders were made by the commission beyond approving the enterprise agreement. The decision effectively resolves the application, allowing the agreement to come into effect and be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established