DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Community Healthcare Alliance Incorporated
(AG2016/6118)

ADELAIDE COMMUNITY HEALTHCARE ALLIANCE - CLERICAL EMPLOYEES - ENTERPRISE AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 27 JANUARY 2017

Application for approval of the Adelaide Community Healthcare Alliance - Clerical Employees - Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Community Healthcare Alliance - Clerical Employees - Enterprise Agreement 2016-2020 (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 Applicant 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 as are relevant to this application for approval have been met.

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

[5] The Australian Municipal, Administrative, Clerical and 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) 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 3 February 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement by Adelaide Community Healthcare Alliance Incorporated. The applicants, representing clerical employees, sought to have the agreement ratified. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including wages, hours of work, leave provisions, and other employment-related matters.

The legal issues before the commission included whether the agreement was genuinely negotiated between the parties and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement met the "better off overall test," ensuring that the employees were no worse off financially and had at least the same terms and conditions as those previously in place. Additionally, the commission needed to assess whether the agreement was appropriately certified and if it adhered to the procedural fairness requirements.

In its decision, the commission found that the agreement had been genuinely negotiated between the parties and met the requirements of the Act. The commission was satisfied that the agreement was better off overall for the employees and complied with all procedural requirements. Consequently, the application for approval of the Adelaide Community Healthcare Alliance - Clerical Employees - Enterprise Agreement 2016-2020 was approved, and the agreement was ratified.

The final orders of the commission included the approval and ratification of the enterprise agreement, effective from the date of the decision, and the establishment of the agreement as the basis for employment conditions for the relevant employees.

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