DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited T/A Cabrini Health
(AG2018/2349)

CABRINI AND HEALTH SERVICES UNION MEDICAL SCIENTISTS, DIETICIANS, PHARMACISTS AND PSYCHOLOGISTS AGREEMENT 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2018

Application for approval of the Cabrini and Health Services Union, Medical Scientists, Dietitians, Pharmacists and Psychologists Agreement 2018.

[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 2018 (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 Limited T/A Cabrini Health. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2018. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application by Cabrini Health Limited for approval of the 2018 Agreement between the employer and various health professionals' unions. The dispute arose due to disagreements between the parties over the terms of the proposed agreement, which aimed to regulate the employment conditions of medical scientists, dietitians, pharmacists, and psychologists within the health services sector. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issues that the Commission had to address involved whether the agreement complied with the statutory requirements set out in the Fair Work Act, including provisions regarding the protection of employee interests and ensuring that the agreement did not discriminate against any particular group of employees. The Commission also considered whether the agreement was made in good faith and whether it provided for the appropriate resolution of any disputes that might arise during its operation.

In reaching its decision, the Commission examined the submissions and evidence provided by both parties. The Commission noted that the agreement contained provisions that aligned with the statutory requirements, including measures to protect the rights of employees and provisions for the resolution of disputes. The Commission also found that the agreement had been made in good faith and that it did not contain any discriminatory clauses. Consequently, the Commission approved the agreement, determining that it met the necessary criteria for registration.

The Fair Work Commission approved the Cabrini and Health Services Union, Medical Scientists, Dietitians, Pharmacists and Psychologists Agreement 2018, finding that it complied with the statutory requirements of the Fair Work Act and adequately protected the interests of the employees. The Commission's decision was based on its assessment of the evidence and submissions, which demonstrated that the agreement was fair and reasonable, made in good faith, and contained appropriate dispute resolution mechanisms.

Cabrini Health Limited T/A Cabrini Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established