DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance Incorporated or ACHA
(AG2018/6222)

ADELAIDE COMMUNITY HEALTHCARE ALLIANCE - HEALTH SERVICES EMPLOYEES - ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Adelaide Community Healthcare Alliance - Health Services Employees - Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Community Healthcare Alliance - Health Services 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 T/A Adelaide Community Healthcare Alliance Incorporated or ACHA. 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 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] I note that Clause 8.2.4 is inconsistent with the National Employment Standards as the clause provides a more restrictive definition of “household member” for the purposes of personal leave. Given the National Employment Standards precedence clause at clause 1.9 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The United Voice (UV) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Adelaide Community Healthcare Alliance Incorporated trading as Adelaide Community Healthcare Alliance, sought approval of an enterprise agreement. The respondents included various unions representing health services employees. The agreement in question covered the period from 2018 to 2022 and aimed to regulate the employment terms and conditions of health services employees within the applicant’s operations.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved determining if the agreement met the criteria for "bare minimum" terms and conditions, including whether it provided for the minimum rates of pay and conditions as stipulated by the Act. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it provided for a proper system of dispute resolution.

The Commission found that the proposed agreement contained all necessary "bare minimum" terms and conditions. It was determined that the agreement had been made in good faith and that it provided for a proper system of dispute resolution. The Commission also concluded that the agreement was fair and reasonable, considering the specific circumstances of the parties and the broader economic environment. Consequently, the application for approval was granted, and the enterprise agreement was approved as a registered agreement.

The final orders of the Commission were that the enterprise agreement between the applicant and the respondents be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be circulated to all employees covered by it, and the applicant was required to take all necessary steps to ensure compliance with the agreement.

Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance Incorporated or ACHA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established