DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited T/A Cabrini Health
(AG2016/5697)

CABRINI AND HEALTH SERVICES UNION MEDICAL SCIENTISTS, DIETITIANS, PHARMACISTS AND PSYCHOLOGISTS AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Cabrini and Health Services Union Medical Scientists, Dietitians, Pharmacists and Psychologists Agreement 2016.

[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 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[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 was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cabrini Health Limited, trading as Cabrini Health, was the subject of a dispute concerning the approval of an industrial agreement. The Health Services Union Medical Scientists, Dietitians, Pharmacists and Psychologists branch sought approval of the agreement from the Fair Work Commission, which was contested by Cabrini Health. The matter was heard in the Federal Circuit and Family Court of Australia.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement was in the public interest, whether it provided for the protection of employees, and whether it facilitated a harmonious, productive and cooperative workplace. The court also had to assess whether the agreement had been made in good faith.

In its decision, the court found that the agreement was in the public interest and provided for the protection of employees. The court determined that the agreement facilitated a harmonious, productive and cooperative workplace and had been made in good faith. The court was satisfied that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and provided for the protection of employees' health and safety. The court also found that the agreement was fair and reasonable, and met the requirements of the Fair Work Act.

The court approved the agreement, and the Health Services Union Medical Scientists, Dietitians, Pharmacists and Psychologists branch was authorised to act on behalf of the employees in relation to the agreement. The decision was made on 22 February 2017.

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