DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Community Healthcare Alliance Incorporated
(AG2018/5800)

ACHA – ALLIED HEALTH EMPLOYEES – ENTERPRISE AGREEMENT – 2018-2022

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 4 MARCH 2019

Application for approval of the ACHA - Allied Health Employees - Enterprise Agreement - 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACHA - Allied Health Employees - Enterprise Agreement - 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Community Healthcare Alliance Incorporated. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 3 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Adelaide Community Healthcare Alliance Incorporated, the parties involved were the Adelaide Community Healthcare Alliance (ACHA) and its allied health employees. The dispute centred on the approval of the Enterprise Agreement for the period 2018 to 2022. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary legal standards and should be approved. The FWC's decision was necessary to ensure that the terms of the agreement were fair and balanced, considering both the interests of the employer and the employees.

The primary legal issues before the FWC were whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the criteria for being a "single, integrated, and nationally consistent" enterprise agreement. The FWC had to assess if the agreement addressed all mandatory bargaining items, ensured that the terms were fair and reasonable, and whether there was genuine agreement between the parties. Additionally, the FWC needed to consider whether the agreement adequately protected the interests of the employees and if it was in line with the objectives of the Fair Work Act.

The FWC found that the Enterprise Agreement was largely compliant with the Fair Work Act 2009. It determined that all mandatory bargaining items were addressed and that the terms of the agreement were fair and reasonable. The FWC also concluded that there was genuine agreement between the parties, as evidenced by the negotiation process and the agreement's provisions. Furthermore, the FWC held that the agreement adequately protected the interests of the employees and aligned with the objectives of the Fair Work Act. Consequently, the FWC approved the Enterprise Agreement for the period 2018 to 2022.

The final orders of the FWC were to approve the Adelaide Community Healthcare Alliance - Allied Health Employees Enterprise Agreement 2018-2022, effective from 1 July 2018, subject to the conditions and provisions outlined in the agreement. The decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of the agreement would govern their relationship during the specified period.

Adelaide Community Healthcare Alliance Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established