Australian Commission on Safety and Quality in Health Care Summary

[2013] FWCA 507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Commission on Safety and Quality in Health Care
(AG2012/13002)

AUSTRALIAN COMMISSION ON SAFETY AND QUALITY IN HEALTH CARE ENTERPRISE AGREEMENT 2012-2014

Commonwealth employment
COMMISSIONER RIORDAN	SYDNEY, 22 JANUARY 2013

Application for approval of the Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Australian Commission on Safety and Quality in Health Care Enterprise Agreement 2012-2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is

30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Commission on Safety and Quality in Health Care (ACSQHC) applied for approval of an enterprise agreement it had negotiated with the Health Employees' Union. The dispute centred around the terms and conditions of employment for the staff of ACSQHC, including wages, working hours, leave entitlements, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to address involved assessing whether the agreement complied with the Act, specifically whether it met the good faith bargaining test and the "better off overall test." The court had to consider whether the agreement was made in good faith and whether it provided employees with at least the same terms and conditions as those provided under the relevant awards or safety net awards. Additionally, the court examined whether the agreement included all mandatory provisions and was free from prohibited content.

The Commission found that the agreement was made in good faith and met the better off overall test. It determined that the agreement provided employees with terms and conditions that were not less favourable than those provided under the relevant awards or safety net awards. The agreement also included all mandatory provisions and was free from prohibited content. Consequently, the Commission approved the enterprise agreement, deeming it compliant with the statutory requirements under the Fair Work Act 2009.

As a result of the decision, the enterprise agreement was approved and became legally binding on both the ACSQHC and the Health Employees' Union. The terms and conditions outlined in the agreement would govern the employment relationship between the parties for the specified period, ensuring that employees would receive fair and reasonable terms of employment as mandated by the Fair Work Act 2009.

Australian Commission on Safety and Quality in Health Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established