Central Anaesthetic Group Pty Ltd

[2014] FWCA 1998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Anaesthetic Group Pty Ltd
(AG2014/3792)

CENTRAL ANAESTHETIC GROUP ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 26 MARCH 2014

Application for approval of the Central Anaesthetic Group Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Central Anaesthetic Group Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Anaesthetic Group Pty Ltd. 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.

[3] The agreement does not contain a model consultation term compliant with the Act. 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. The model consultation term is marked as Annexure A and is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 April 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE407408 PR548971>
Annexure A

CaseChat Overview and Summary

The Central Anaesthetic Group Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Central Anaesthetic Group Enterprise Agreement 2014. The applicant sought to have the agreement approved in accordance with the Fair Work Act 2009. The dispute was primarily concerned with whether the agreement met the statutory requirements for approval under the Act.

The primary legal issues before the Commission involved whether the agreement appropriately covered the employees and their conditions as required, and whether the agreement complied with the procedural requirements for its approval. The applicant argued that the agreement was properly made and that it met all legislative requirements. The Commission needed to assess whether the agreement had been made in accordance with the Fair Work Act and whether it satisfied the necessary criteria for approval.

The Fair Work Commission considered the submissions and evidence presented by the applicant and determined that the agreement was appropriately made and met all statutory requirements. The Commission found that the agreement covered the employees correctly and that it complied with the procedural requirements set out in the Fair Work Act. Based on this assessment, the Commission approved the Central Anaesthetic Group Enterprise Agreement 2014.

The Fair Work Commission's decision was to approve the Central Anaesthetic Group Enterprise Agreement 2014, finding it to be compliant with the requirements of the Fair Work Act. The Commission's approval was based on its determination that the agreement was appropriately made, covered the necessary employees, and complied with the procedural requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established