DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Gippsland Health Service
(AG2018/1273)

CENTRAL GIPPSLAND HEALTH (CGH), DIVISION OF COMMUNITY SERVICES, COMMUNITY CARERS ENTERPRISE AGREEMENT, 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 30 AUGUST 2018

Application for approval of the Central Gippsland Health (CGH), Division of Community Services, Community Carers Enterprise Agreement, 2017.

[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, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Gippsland Health Service. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Gippsland Health Service (CGH) sought approval from the Fair Work Commission for the Division of Community Services, Community Carers Enterprise Agreement, 2017. This agreement was intended to govern the employment conditions of community carers within the CGH's Division of Community Services. The application for approval was made following negotiations between the CGH and the relevant union representatives. The dispute centred on whether the agreement complied with the relevant legislative framework and if it was fair and reasonable in all respects.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically in terms of procedural fairness and the inclusion of essential terms. The Commission needed to determine if the agreement provided adequate protections and benefits to the employees covered by it, and if the process of reaching the agreement was conducted in good faith and without coercion. Additionally, the Commission assessed whether the agreement was consistent with the broader principles of industrial fairness and equity.

In its decision, the Commission noted that the agreement had been negotiated in good faith and that the process followed was fair and transparent. The Commission found that the agreement included all the required minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, it was determined that the agreement provided fair and reasonable terms for the employees, including provisions for wages, leave, and other employment-related conditions. The Commission approved the agreement, recognising it as meeting all statutory requirements and promoting fairness in the workplace.

The Commission's final order was the approval of the Central Gippsland Health Service, Division of Community Services, Community Carers Enterprise Agreement, 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the community carers within the CGH's Division of Community Services from the specified commencement date.

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