Cabrini Health Limited

[2019] FWCA 7409

[2019] FWCA 7409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited
(AG2019/3007)

CABRINI HEALTH, HEALTH PROFESSIONALS AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 OCTOBER 2019

Application for approval of the Cabrini Health, Health Professionals Agreement 2019.

[1] Cabrini Health Limited has applied for approval of a single enterprise agreement known as the Cabrini Health, Health Professionals Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application by filing an amended application and amended Agreement page, which was supported by the bargaining representative. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Applicant’s original statutory declaration identified that a substantial number of the employees covered by the Agreement at the time of the vote were employed on a casual basis. The Applicant provided further evidence to satisfy the Commission that:

a) all casual employees who were employed at the time (of the access or the voting periods) were requested to vote; and
b) some casual employees who were not employed at the time (of the access or the voting periods) were requested to vote, however did not have a material impact on the outcome of the vote.

[5] Accordingly, I am satisfied that the Agreement was genuinely agreed in accordance with ss.186(2), 188(1)(a), 181(1) and 182(1) of the Act. 1

[6] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representative supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[7] The Health Services Union Victoria No. 3 Branch t/a the Victorian Allied Health Professionals Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] On the basis of the material contained in the amended application, amended Agreement page, further information provided on request of the Commission and the Undertakings, 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.

[9] The Agreement was approved on 28 October 2019 and, in accordance with s.54, will operate from 4 November 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Annexure A

 1   See also National Tertiary Education Industry Union v Swinburne University of Technology [2015] FCAFC 98.

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