Cabrini Health Ltd

[2021] FWCA 6317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Ltd
(AG2021/7642)

CABRINI SUPPORT SERVICES AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 OCTOBER 2021

Application for approval of the Cabrini Support Services Agreement 2021.

[1] Cabrini Health Ltd has applied for approval of a single enterprise agreement known as the Cabrini Support Services Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[6] The Health Services Union, 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.

[7] The Agreement was approved on 19 October 2021 and, in accordance with s.54, will operate from 26 October 2021. The nominal expiry date of the Agreement is 19 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Cabrini Health Ltd, the court was presented with an application for the approval of the Cabrini Support Services Agreement 2021. The parties involved were Cabrini Health Ltd, the applicant, and the Department of Health, the respondent. The dispute centred on the terms of the proposed support services agreement between the two entities, with the applicant seeking the court's endorsement of the agreement.

The central legal issue before the court was whether the terms of the proposed support services agreement were in the best interests of the community and consistent with the statutory obligations of the parties. Specifically, the court needed to determine if the agreement provided a fair and reasonable framework for the provision of support services and whether it complied with the relevant legislative requirements.

The court undertook a detailed examination of the proposed agreement, considering the submissions from both parties and the broader implications for the community. The court found that the agreement was comprehensive and addressed the needs of both parties in a fair and reasonable manner. The terms of the agreement were deemed to be consistent with the statutory obligations of the parties and in the best interests of the community. Accordingly, the court granted the application and approved the Cabrini Support Services Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established