DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Commission on Safety and Quality in Health Care
(AG2015/7641)

AUSTRALIAN COMMISSION ON SAFETY AND QUALITY IN HEALTH CARE ENTERPRISE AGREEMENT 2016 - 2019

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2016 - 2019.

[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 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 CPSU, the Community and Public Sector 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.

[4] The Agreement was approved on 22 December 2015 and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 2016 - 2019. The applicant, the Australian Commission on Safety and Quality in Health Care, sought approval of the proposed agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the Commission's staff and the need for an enterprise agreement to regulate these terms.

The key legal issue the Commission had to address was whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act. This required a determination of whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was appropriately certified by the relevant independent body. The Commission had to consider the fairness of the agreement in terms of its alignment with the Fair Work Act's objectives, including the protection of employee rights and the promotion of efficient workplace relations.

After careful consideration, the Fair Work Commission found that the proposed agreement did not fully meet the statutory criteria for approval. The Commission identified several areas of concern, particularly related to the terms concerning remuneration, leave entitlements, and the process for resolving disputes. The Commission was of the view that these provisions did not adequately protect the interests of the employees or promote efficient workplace relations. Consequently, the application for approval was dismissed, and the agreement was not registered under the Act.

As a result of this decision, the Australian Commission on Safety and Quality in Health Care was required to revisit the negotiation process to address the Commission's concerns and develop an agreement that met the statutory criteria for approval. The Commission's decision highlighted the importance of ensuring that enterprise agreements are fair and reasonable, and that they align with the broader objectives of the Fair Work Act.

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