Adventist HealthCare Limited T/A Adventist HealthCare Limited Summary

[2022] FWCA 3819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adventist HealthCare Limited T/A Adventist HealthCare Limited

(AG2022/4264)

Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 OCTOBER 2022

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

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 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Adventist HealthCare Limited T/A Adventist HealthCare Limited (Employer). The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 1 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adventist HealthCare Limited, trading as Adventist HealthCare Limited, applied for approval of the Allied Health and Support Services Staff Enterprise Agreement 2022. The application was heard in the Fair Work Commission, the tribunal responsible for resolving workplace disputes and regulating workplace relations in Australia. The agreement in question pertains to the terms and conditions of employment for allied health and support services staff within Adventist HealthCare Limited. The application's approval was sought to ensure that the agreement complied with the necessary legal standards and to officially recognise it as a binding enterprise agreement.

The central legal issues addressed by the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Procedurally, the Commission had to determine if the agreement was made in good faith and if the necessary consultation and bargaining processes were followed. Substantively, the agreement had to provide for minimum entitlements, be free from prohibited content, and not have an adverse effect on employees' health and safety. Furthermore, the Commission considered whether the agreement appropriately balanced the interests of the employer and the employees.

The Commission found that the application satisfied all the necessary criteria. The agreement was the result of good faith bargaining and followed the required processes. It was determined to provide for minimum entitlements, was free from any prohibited content, and did not compromise the health and safety of employees. The terms of the agreement were found to be fair and reasonable, adequately representing the interests of both the employer and the employees. Consequently, the Commission approved the Allied Health and Support Services Staff Enterprise Agreement 2022, confirming its status as a binding enterprise agreement.

The final orders of the Commission were that the application for approval of the Allied Health and Support Services Staff Enterprise Agreement 2022 by Adventist HealthCare Limited be granted. The agreement was to be registered and enforceable from the date of the Commission's decision. This approval ensures that the agreement legally governs the employment terms and conditions for the allied health and support services staff within Adventist HealthCare Limited, providing clarity and stability in their workplace relations.

Adventist HealthCare Limited T/A Adventist HealthCare Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established