DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boandik Lodge Incorporated
(AG2017/1821)

BOANDIK LODGE INC. PROFESSIONAL HEALTH PRACTITIONERS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 12 JULY 2017

Application for approval of the Boandik Lodge Inc. Professional Health Practitioners Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boandik Lodge Inc. Professional Health Practitioners Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boandik Lodge Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boandik Lodge Incorporated sought approval of the Boandik Lodge Inc. Professional Health Practitioners Enterprise Agreement 2016. The respondents, a group of professional health practitioners, opposed the approval on various grounds. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement provided for proper minimum rates of pay, conditions, and entitlements for the professional health practitioners, and if it complied with the relevant provisions of the Act. Additionally, the Commission had to consider whether the agreement facilitated genuine bargaining and whether the process through which it was negotiated was fair and appropriate.

The Fair Work Commission examined the provisions of the agreement and the process of its negotiation. It found that the agreement adequately addressed the minimum rates of pay, conditions, and entitlements of the professional health practitioners. The Commission also concluded that the agreement was the product of genuine bargaining, and the negotiation process was fair and appropriate. Consequently, the Commission approved the Boandik Lodge Inc. Professional Health Practitioners Enterprise Agreement 2016.

The final orders of the Commission included the approval of the enterprise agreement, which would now govern the employment terms and conditions of the professional health practitioners employed by Boandik Lodge Incorporated.

Boandik Lodge Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established