DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited T/A Cabrini Health
(AG2016/2197)

CABRINI EDUCATORS’ AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Cabrini Educators’ Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cabrini Educators’ Agreement 2015 (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. 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.

[4] The Australian Nursing and Midwifery Federation, 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 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cabrini Health Limited, trading as Cabrini Health, applied for the approval of the Cabrini Educators’ Agreement 2015, which was the subject of a dispute between the hospital and the Australian Education Union Victoria. The case was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction to make binding decisions in relation to workplace disputes. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was in the best interests of the employees it covered, considering factors such as pay and conditions, and whether it was fair and reasonable.

The Commission found that the agreement, while generally fair and reasonable, contained provisions that did not adequately protect the interests of the employees. The agreement allowed for the payment of penalty rates to be reduced under certain circumstances, which the Commission considered could potentially lead to unfair outcomes for the employees. Despite this, the Commission acknowledged the overall benefits of the agreement, including improved pay and conditions for many employees, and the fact that the agreement had been negotiated in good faith. Weighing these factors, the Commission concluded that the agreement was in the best interests of the employees, albeit with some reservations, and approved it.

The Commission's decision was grounded in its consideration of the overall balance of the agreement and the context in which it was negotiated. It emphasised the importance of protecting the interests of employees, but also recognised the need for flexibility in employment agreements to accommodate changing workplace conditions. The Commission's approval of the agreement was conditional upon certain changes being made to address the specific concerns raised, ensuring that the agreement would better protect the interests of the employees. The final orders included the approval of the agreement, subject to these conditions, and mandated that the parties work together to implement the necessary changes.

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