DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Central Healthcare Services Pty Ltd
(AG2018/887)

CENTRAL HEALTHCARE SERVICES PTY LTD AND SWAPS (WA) ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER JOHNS	SYDNEY, 1 JUNE 2018

Application for variation of the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017 (the Agreement). The application was made by Central Healthcare Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 15 January 2018. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Central Healthcare Services Pty Ltd, the respondent, applied to the Fair Work Commission to vary the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017. The application was made by the applicant, the Health Services Union of Australia, to address perceived deficiencies in the original agreement. The dispute centred on the terms of employment for the workers covered by the agreement, particularly in relation to wages and conditions.

The central issue before the Commission was whether the proposed variations were necessary to address gaps in the original agreement and whether they would provide better outcomes for the employees. The Commission had to determine if the changes were justified under the relevant provisions of the Fair Work Act 2009, particularly in terms of ensuring fair and equitable outcomes for the workforce.

In delivering its decision, the Commission examined the evidence presented by both parties and considered the impact of the proposed changes on the employees. The Commission found that the variations were necessary to address shortcomings in the original agreement, particularly in relation to wage rates and conditions of employment. The Commission determined that the proposed changes would result in more favourable outcomes for the employees and were thus justified under the Act. Consequently, the Commission approved the application and directed the parties to give effect to the variations in the enterprise agreement.

The Fair Work Commission ordered that the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017 be varied as per the application. The variations included amendments to the wage rates and conditions of employment, which were deemed necessary to ensure fair and equitable outcomes for the employees. The decision was made in accordance with the provisions of the Fair Work Act 2009, and the parties were directed to give effect to the changes as specified in the Commission's orders.

Central Healthcare Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established