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, 31 MAY 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 31 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

Central Healthcare Services Pty Ltd, the applicant, sought a variation of the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017. The dispute was heard by the Fair Work Commission (FWC). The applicant argued that changes in the business environment necessitated amendments to the existing enterprise agreement. The key issues before the FWC were whether the changes proposed were appropriate under the Fair Work Act 2009, and if they were necessary to ensure the continued viability of the business. The FWC had to determine whether the proposed changes were fair and reasonable, and whether they were necessary to improve the economic efficiency of the business.

The FWC examined the evidence provided by the applicant regarding the economic pressures and changes in the industry. The applicant argued that the proposed changes were essential to remain competitive and sustainable. The FWC considered the impact of the proposed changes on employees and the overall fairness of the agreement. The FWC assessed the need for the changes, taking into account the current economic conditions and the potential benefits to the business. After careful consideration, the FWC concluded that the proposed changes were necessary and reasonable, and thus granted the variation to the enterprise agreement.

The FWC's decision was based on a comprehensive analysis of the evidence and the principles of fairness and reasonableness. The FWC found that the proposed changes were not only necessary for the business to remain viable but also did not unduly disadvantage the employees. The FWC granted the application for variation, allowing the changes to proceed as proposed by the applicant. The decision was made in the interest of maintaining a fair and efficient enterprise agreement that could adapt to the changing economic landscape.

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