Ballarat Community Health Centre and others

[2013] FWCA 7875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Community Health Centre and others
(AG2013/8555)

VICTORIAN STAND-ALONE COMMUNITY HEALTH SERVICES (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) MULTIPLE ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2011-2015.

[1] On 15 August 2013 an application was made for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2011-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Victorian Hospitals’ Industrial Association (Applicant). The agreement is a multi enterprise agreement.

[2] On 24 September 2013 correspondence was sent to the Applicant and the Health Services Union - Victorian Branch (HSU) declaring that Commissioner Johns had an interest in one employer the Agreement is intended to cover. The Applicant and HSU confirmed both have no objection to Commissioner Johns dealing with this application.

[3] The Agreement was lodged within 14 days after it was made.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case the Commission received correspondence from the HSU indicating its acceptance of the undertakings.

[5] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[6] The HSU, 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 16 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Ballarat Community Health Centre and several other respondents, seeking approval for the Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2011-2015. The applicant sought to have the agreement certified as a single-employer agreement under the Fair Work Act. The dispute arose due to objections from the Fair Work Ombudsman, who argued that the agreement did not meet the necessary standards for certification.

The primary legal issue the Commission had to decide was whether the proposed agreement complied with the statutory requirements for certification as a single-employer agreement. This involved examining the agreement to determine if it met the criteria set out in section 233 of the Fair Work Act, including whether it provided for the terms and conditions of employment for the relevant employees and if it was consistent with the relevant national employment standards and safety nets. Additionally, the Commission had to consider if the agreement was sufficiently clear and accessible to the employees it covered.

The Commission found that the agreement did not meet the necessary standards for certification as a single-employer agreement. The primary issue was that the agreement did not adequately define the scope of employment covered, particularly in relation to the classification of employees. The Commission noted that the agreement failed to provide a clear and comprehensive definition of the roles and responsibilities of the employees covered by the agreement, which was essential for ensuring that the agreement met the statutory requirements. As a result, the Commission determined that the agreement did not comply with the necessary standards for certification.

The Fair Work Commission dismissed the application for the approval of the agreement. The decision highlights the importance of clarity and comprehensiveness in enterprise agreements, particularly in defining the scope of employment and the roles and responsibilities of employees. The Commission's decision serves as a reminder to parties drafting enterprise agreements to ensure that their agreements meet the statutory requirements for certification to avoid similar issues in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established