DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adventist Healthcare Limited
(AG2017/1955)

ADVENTIST HEALTHCARE LIMITED ALLIED HEALTH AND SUPPORT SERVICES STAFF ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 17 JULY 2017

Application for approval of the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2017-2020.

[1] On 30 May 2017 Adventist Healthcare Limited (Applicant) made an application for approval of the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2017-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is 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] 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.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 July 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

Adventist Healthcare Limited is the subject of an application for the approval of the Allied Health and Support Services Staff Enterprise Agreement 2017-2020. The Fair Work Commission was the tribunal that heard the matter. The dispute involved the terms and conditions of employment for allied health and support services staff within Adventist Healthcare Limited.

The legal issues before the Commission were whether the proposed enterprise agreement was a "genuine" enterprise agreement and whether it contained the required "key performance indicators" as stipulated by the Fair Work Act 2009. The Commission had to assess whether the agreement was negotiated in good faith, covered the requisite employees, and included essential terms such as pay rates, hours of work, and other conditions of employment. Additionally, the agreement needed to include key performance indicators as mandated by the legislation.

The Commission found that the agreement was negotiated in good faith and covered the required employees. The agreement contained all the necessary terms and conditions of employment, including pay rates, hours of work, and other conditions. The Commission also found that the agreement included the required key performance indicators. Therefore, the Commission approved the agreement. The approval ensures that the terms and conditions of employment for allied health and support services staff within Adventist Healthcare Limited are regulated by the approved enterprise agreement.

The Fair Work Commission approved the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2017-2020. This approval ensures that the agreement's terms and conditions are legally binding and enforceable. The agreement now governs the employment conditions of 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