DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited T/A Cabrini Health
(AG2016/3515)

CABRINI HEALTH, HEALTH PROFESSIONALS AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Cabrini Health, Health Professionals Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cabrini Health, Health Professionals 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] 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.

[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 4 August 2016. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Cabrini Health Limited T/A Cabrini Health, the Central Authority of the Fair Work Commission was called upon to approve a Health Professionals Agreement 2016. The application was made by the employer, seeking the agreement's approval under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for certain health professionals within the organisation, and the extent to which the proposed agreement complied with the statutory requirements for fair and equitable workplace arrangements.

The primary legal issue before the court was whether the Health Professionals Agreement 2016 met the criteria for approval as set out in the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and equitable terms and conditions of employment, and if it complied with the procedural requirements for such agreements. This included ensuring the agreement was not less favourable than the applicable award or registered agreement, and that it was made in good faith and without coercion.

The Commission found that the Health Professionals Agreement 2016 was compliant with the requirements of the Act. The court considered the evidence presented by both parties, including submissions on the fairness and reasonableness of the terms and conditions proposed. The Commission concluded that the agreement was made in good faith and was not less favourable than the applicable award or registered agreement. The procedural requirements were also met, as the agreement was negotiated in a manner consistent with the principles of good faith bargaining. Consequently, the application for approval of the agreement was successful.

The final orders of the Commission were that the Health Professionals Agreement 2016 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would apply to the relevant employees, and it would remain in force until terminated or replaced by a new agreement.

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