Burles Consulting Pty Ltd Summary

[2022] FWCA 2007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd

(AG2022/1741)

Huon Regional Care General Staff Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 20 JUNE 2022

Application for approval of the Huon Regional Care General Staff Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Huon Regional Care General Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burles Consulting Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Health Services Union of Australia (the Union) contended that the dispute settlement procedure contained within the Agreement was not compliant with s186(6) of the Act. A similar clause is found in The Hobart Clinic Hospital Staff Enterprise Agreement 2019, which was approved by the Commission in September 2020[1]. For the reasons given therein, I am satisfied that the dispute settlement procedure meets the requirements of the Act.

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. The undertakings are taken to be a term of the agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from the first full pay period after 27 June 2022. The nominal expiry date of the Agreement is 19 June 2026.

DEPUTY PRESIDENT

Annexure A

[1] [2020] FWCA 4496.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burles Consulting Pty Ltd applied to the Fair Work Commission for approval of the Huon Regional Care General Staff Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for staff at Huon Regional Care. The Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement was a "bare bones" agreement as defined in the Act. A "bare bones" agreement is one that only contains the minimum terms and conditions of employment. The Commission needed to determine if the agreement provided only these minimum terms and whether it complied with other statutory requirements, including procedural fairness and the inclusion of appropriate dispute resolution procedures.

The Fair Work Commission found that the agreement did not meet the definition of a "bare bones" agreement as it included additional terms beyond the minimum requirements. However, the Commission determined that the agreement was still valid as it met the other statutory criteria. It contained the necessary minimum terms and conditions, complied with procedural fairness, and included appropriate dispute resolution mechanisms. The agreement was thus approved by the Commission.

The Commission's decision resulted in the formal approval of the Huon Regional Care General Staff Enterprise Agreement 2022, which now governs the employment conditions of staff at Huon Regional Care. The approval ensures that the agreement legally binds the parties and provides a clear framework for their employment relationship.

Burles Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established