DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Commission on Safety and Quality in Health Care
(AG2018/6807)

AUSTRALIAN COMMISSION ON SAFETY AND QUALITY IN HEALTH CARE ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

Application for approval of the Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Commission on Safety and Quality in Health Care. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 27 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2019-2022. The applicant, the Australian Commission on Safety and Quality in Health Care, sought the approval of the proposed enterprise agreement which outlined the terms and conditions of employment for its staff. The legal issues that arose for determination were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

In reaching its decision, the Commission considered the fairness of the proposed agreement, including whether it provided for a safety net of minimum entitlements, whether it allowed for flexibility in the workplace, and whether it provided for appropriate mechanisms for dispute resolution. The Commission also considered the views of the parties, including the applicant and the employees, as well as the relevant stakeholders. The Commission found that the proposed agreement was fair and reasonable and met the requirements of the Fair Work Act. The Commission approved the agreement, noting that it provided for a comprehensive safety net of minimum entitlements, as well as mechanisms for flexibility and dispute resolution.

The Commission's decision was based on a careful consideration of the evidence and submissions presented by the parties. The Commission found that the proposed agreement was in the best interests of the employees covered by the agreement, as it provided for a fair and reasonable set of terms and conditions of employment. The Commission also noted that the agreement provided for appropriate mechanisms for dispute resolution, which was an important consideration in approving the agreement. The Commission's decision was based on a thorough analysis of the evidence and submissions, and it reflected a balanced approach to the interests of both the employer and the employees.

Australian Commission on Safety and Quality in Health Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established