Cabrini Health

[2013] FWCA 7087

FAIR WORK COMMISSION

DECISION

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

Cabrini Health
(AG2013/9166)

CABRINI AND HEALTH SERVICES UNION MEDICAL SCIENTISTS, DIETITIANS, PHARMACISTS AND PSYCHOLOGISTS AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Cabrini and Health Services Union Medical, Scientists, Dietitians, Pharmacists and Psychologists Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cabrini and Health Services Union Medical, Scientists, Dietitians, Pharmacists and Psychologists 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 Cabrini Health. The Agreement is a single enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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] The Agreement is approved and, in accordance with s.54, will operate from 24 September 2013. The nominal expiry date of the Agreement is 1 October 2015.

[5] The Health Services Union, 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Cabrini and Health Services Union Medical, Scientists, Dietitians, Pharmacists and Psychologists Agreement 2013, the Fair Work Commission was tasked with determining whether the terms of the agreement met the statutory requirements under the Fair Work Act 2009. The applicant, Cabrini Health, sought approval of the agreement which outlined the terms and conditions of employment for medical, scientific, dietetic, pharmaceutical, and psychological staff. The Health Services Union, representing the employees, opposed the application on several grounds, arguing that the proposed agreement did not comply with the statutory requirements and failed to provide adequate protections for the employees.

The primary legal issue before the Commission was whether the terms of the agreement met the statutory requirements outlined in the Fair Work Act 2009. This involved examining whether the agreement provided for minimum terms and conditions of employment, whether it was made in good faith, and whether it complied with other relevant provisions of the Act. The Commission also considered whether the agreement adequately protected the employees' rights and interests, particularly in light of the opposition raised by the Health Services Union.

In determining the application, the Commission carefully reviewed the terms of the agreement and the submissions made by both parties. The Commission noted that the agreement contained provisions for minimum terms and conditions of employment, including provisions for remuneration, hours of work, leave, and other employment-related matters. The Commission found that the agreement was made in good faith and that it complied with the statutory requirements of the Act. The Commission also considered the submissions made by the Health Services Union and found that the agreement provided adequate protections for the employees, despite the union's opposition. Accordingly, the Commission approved the agreement.

The final orders of the Commission were that the Cabrini and Health Services Union Medical, Scientists, Dietitians, Pharmacists and Psychologists Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements and would be in effect from the date of registration. The Commission also ordered that the agreement be served on all parties and that any disputes arising out of or in connection with the agreement would be referred to the Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established