Central Anaesthetic Group Services Trust T/A Central Anaesthetic Group

[2017] FWCA 3116

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Central Anaesthetic Group Services Trust T/A Central Anaesthetic Group

(AG2017/1299)

Central Anaesthetic Group Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 7 JUNE 2017

Application for approval of the Central Anaesthetic Group Enterprise Agreement 2017.

On 12 April 2017, Central Anaesthetic Group Services Trust T/A Central Anaesthetic Group (Applicant) made an application for approval of the Central Anaesthetic Group Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

Subject to the undertakings referred to above, the Commission is 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 is approved. In accordance with s 54 of the Act the Agreement will operate from 14 June 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Anaesthetic Group Services Trust, trading as Central Anaesthetic Group, applied to the Fair Work Commission for the approval of the Central Anaesthetic Group Enterprise Agreement 2017. The application involved various stakeholders, including employees represented by unions, and the employer. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly concerning provisions that addressed the rights and obligations of the parties involved.

The court was required to determine whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act 2009 and whether it complied with the good faith bargaining requirement. Key issues included the fairness and reasonableness of the agreement's terms, the procedural fairness of the bargaining process, and the overall compliance with legislative provisions.

The Fair Work Commission carefully reviewed the agreement and found that it contained all the mandatory terms and met the good faith bargaining requirement. The Commission also noted that the agreement was fair and reasonable, considering the circumstances of the parties involved. Consequently, the application for approval was successful, and the Central Anaesthetic Group Enterprise Agreement 2017 was approved by the Commission. This decision affirmed the agreement's validity and enforceability under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established