DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Central Gippsland Health Service
(AG2020/4106)

CENTRAL GIPPSLAND HEALTH (CGH), DIVISION OF COMMUNITY SERVICES, COMMUNITY CARERS ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 17 FEBRUARY 2021

Application for approval of the Central Gippsland Health (CGH), Division of Community Services, Community Carers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Central Gippsland Health (CGH), Division of Community Services, Community Carers Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Central Gippsland Health Service (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 February 2021.

[3] On 15 February 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 February 2021. The undertaking deals with the following topics:

• Employees covered by the Agreement not being required to work broken shifts, and

• Overtime applying to work performed before 7 am and after 7 pm Monday to Sunday.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The Central Gippsland Health Service is a statutory body providing health services in the Gippsland region of Victoria. The dispute arose when the Health Service sought approval for a new enterprise agreement with its employees, specifically those in the Division of Community Services who are Community Carers. The application was brought before the Fair Work Commission to determine whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Procedurally, the Commission had to assess if proper consultation processes were followed and if the agreement was made in good faith. Substantively, the Commission needed to determine if the terms of the agreement were fair and reasonable, taking into account various statutory criteria including minimum rates of pay, reasonable working hours, and provisions for redundancy and termination.

In examining the application, the Commission found that the Central Gippsland Health Service had engaged in genuine and meaningful consultation with the employees, fulfilling the procedural requirements. It was also satisfied that the agreement was made in good faith. On the substantive aspects, the Commission concluded that the proposed agreement was fair and reasonable. It provided adequate protections and benefits to the employees, including fair compensation, reasonable working conditions, and appropriate provisions for redundancy and termination. Therefore, the Commission approved the agreement.

The Fair Work Commission granted approval for the Central Gippsland Health Service, Division of Community Services, Community Carers Enterprise Agreement 2019, recognising its compliance with both procedural and substantive legal standards. This decision ensures that the agreement will now apply to the relevant employees, providing them with the terms and conditions of employment outlined in the approved agreement.

Central Gippsland Health Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established