Australian and New Zealand Intensive Care Society Summary

[2014] FWCA 4242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian and New Zealand Intensive Care Society
(AG2014/1222)

AUSTRALIAN AND NEW ZEALAND INTENSIVE CARE SOCIETY ENTERPRISE AGREEMENT 2014 - 2017

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 26 JUNE 2014

Application for approval of the Australian and New Zealand Intensive Care Society Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian and New Zealand Intensive Care Society Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian and New Zealand Intensive Care Society (ANZICS). The agreement is a single-enterprise agreement.

[2] On 24 June 2014 undertakings were provided by Mr J Williams, ANZICS’s General Manager, in relation to community service leave entitlements and clause 16.3 (Severance pay) of the Agreement. Pursuant to s.190 of the Act, I accept ANZICS’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Australian and New Zealand Intensive Care Society, the applicant sought approval for the Australian and New Zealand Intensive Care Society Enterprise Agreement 2014 - 2017. The matter was heard in the Fair Work Commission, with the Commission required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement provided for a fair and efficient workplace, whether it facilitated a cooperative and productive employment relationship, and whether it complied with the legislative framework for enterprise agreements.

The Commission examined the provisions of the agreement and found that it met the necessary criteria. The agreement was deemed to be in the best interests of the employees and employers covered by it. It provided for a fair and efficient workplace by ensuring appropriate conditions for the employees, including provisions for wages, hours of work, and other employment conditions. The agreement also facilitated a cooperative and productive employment relationship through its provisions for dispute resolution and communication between the parties. Furthermore, the agreement was found to comply with the legislative framework, including the requirement for the agreement to be in writing and to be certified by the Commission.

In light of the findings, the Commission approved the Australian and New Zealand Intensive Care Society Enterprise Agreement 2014 - 2017. The approval was effective from the date of the Commission's decision and was to remain in force until the end of the agreement period or until varied or replaced by a new agreement. The parties were directed to take all necessary steps to give effect to the approved agreement, and the Commission reserved its jurisdiction to deal with any applications for variation or termination of the agreement. The approval of the agreement was a significant step towards ensuring a fair and productive employment relationship between the parties.

Australian and New Zealand Intensive Care Society

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established