Central Healthcare Services Pty Ltd

[2023] FWCA 2202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Healthcare Services Pty Ltd

(AG2023/2166)

CENTRAL HEALTHCARE SERVICES PTY LTD (VIC) ENTERPRISE AGREEMENT 2023

Pharmaceutical industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 18 JULY 2023

Application for approval of the Central Healthcare Services Pty Ltd (VIC) Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Central Healthcare Services Pty Ltd (VIC) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Healthcare Services Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made after 6 June 2023.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The United Workers’ Union (UWU) 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. The UWU support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2023. The nominal expiry date of the Agreement is 18 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Central Healthcare Services Pty Ltd (VIC) Enterprise Agreement 2023. This application was brought by the employer, Central Healthcare Services Pty Ltd, who sought to have the agreement recognised and enforced as a registered agreement under the Fair Work Act 2009. The agreement in question was entered into between the employer and the Australian Health Services Union (VIC Branch), acting on behalf of the employees. The nature of the dispute centred around whether the agreement met the statutory requirements for approval and whether it contained all the necessary minimum terms and conditions as prescribed by the Act.

The legal issues before the Commission involved determining if the agreement provided for the minimum entitlements as stipulated by the Fair Work Act and the Fair Work Regulations, and whether it adhered to the procedural requirements for registration. Specifically, the Commission had to assess if the agreement included all the mandated minimum terms and conditions, and if the necessary consultation processes had been followed. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy and did not undermine the operation of any industrial law.

In reaching its decision, the Commission examined the content of the agreement and found it to be compliant with the statutory minimum terms and conditions. The Commission determined that the agreement contained all the necessary provisions and was the product of genuine consultation between the parties. The employer had demonstrated that the requisite procedural steps were followed, and the agreement was not found to be contrary to public policy. Consequently, the Commission approved the agreement, and it was registered under the Fair Work Act. The employer's application was thus successful, and the agreement was deemed to be a lawful and enforceable contract between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established