Australian Health Management Group Pty Ltd

[2013] FWCA 6430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Health Management Group Pty Ltd
(AG2013/2322)

DEP ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the DEP Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DEP Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Health Management Group Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Services Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Health Management Group Pty Ltd applied to the Fair Work Commission for the approval of the DEP Enterprise Agreement 2013. The applicant, a health services provider, entered into an agreement with its employees, represented by the Health Services Union of Australia. The dispute arose from the negotiation and subsequent approval of the enterprise agreement, which outlines terms and conditions of employment for the employees.

The legal issues before the Fair Work Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 for it to be approved. Specifically, the Commission had to determine if the agreement fairly reflected the terms and conditions of employment, if it was made in good faith, and if it complied with procedural requirements, including proper notification and consultation processes.

The Fair Work Commission found that the agreement was made in good faith and substantially complied with the statutory requirements. The Commission considered the evidence provided by both parties, including the negotiation process, the terms of the agreement, and the outcomes of any employee consultations. The Commission concluded that the agreement was fair and reasonable, and it approved the DEP Enterprise Agreement 2013.

The Fair Work Commission made an order approving the DEP Enterprise Agreement 2013, effective from the date of the Commission's decision. This approval means that the terms and conditions outlined in the agreement are binding on the parties and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established