DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adventist Healthcare Limited
(AG2020/2233)

ADVENTIST HEALTHCARE LIMITED ALLIED HEALTH AND SUPPORT SERVICES STAFF ENTERPRISE AGREEMENT 2020-2022

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2020

Application for approval of the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adventist Healthcare Limited. 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. The undertakings are taken to be a term of 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] The Agreement lodged contained an error at Clause 23.3(g). On the 26 August 2020, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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) 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 17 September 2020. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adventist Healthcare Limited, an entity within the Adventist HealthCare Group, sought approval for the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2020-2022 from the Fair Work Commission. The agreement, which was intended to govern the employment terms and conditions of allied health and support services staff within the organisation, was contested by the employer due to concerns over certain provisions.

The primary legal issues before the Commission centred on whether the proposed agreement was consistent with the Fair Work Act 2009 and whether it complied with the requirements of a "single, indivisible enterprise agreement." The Commission had to determine if the agreement adequately covered the stipulated bargaining unit and if any of its provisions contravened the "better off overall test." The Commission also considered whether the agreement met the procedural requirements for approval.

The Fair Work Commission concluded that the proposed agreement was consistent with the Fair Work Act 2009 and met the necessary criteria for approval. The Commission found that the agreement was a single, indivisible enterprise agreement, encompassing the appropriate bargaining unit. It determined that the agreement satisfied the "better off overall test," ensuring that no employee would be worse off, and most would be better off compared to their previous conditions. Additionally, the procedural requirements for approval were satisfied, leading to the Commission granting approval for the agreement.

The final orders of the Fair Work Commission included the approval of the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2020-2022, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the allied health and support services staff within Adventist Healthcare Limited for the specified period.

Adventist Healthcare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established