DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Healthcare Services Pty Ltd
(AG2016/6947)

CENTRAL HEALTHCARE SERVICES PTY LTD (NSW) ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the Central Healthcare Services Pty Ltd (NSW) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Central Healthcare Services Pty Ltd (NSW) Enterprise Agreement 2016 (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.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 15 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Central Healthcare Services Pty Ltd sought approval for the Central Healthcare Services Pty Ltd (NSW) Enterprise Agreement 2016. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the organisation, focusing on wage rates, leave entitlements, and procedural fairness in workplace relations. The application was made to ensure the agreement met the legal requirements for approval and registration.

The primary legal issue was whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. This included ensuring the agreement covered the correct bargaining unit, provided fair terms and conditions, and was made without coercion. Another significant point was whether the agreement provided adequate procedural fairness to the employees involved, ensuring they had a genuine opportunity to participate in the bargaining process.

The Commission examined the evidence presented by both parties and considered the statutory framework. The Commission found that the agreement was made without any unfair practices and that it contained terms that were not worse off than the applicable award. It was noted that the agreement had been negotiated in good faith and provided for procedural fairness. The Commission concluded that the agreement met the legal requirements and approved the application for registration.

The final orders included the registration of the enterprise agreement, which would now apply to the specified bargaining unit. The decision confirmed the validity of the agreement and its terms, providing certainty to both the employer and the employees regarding their rights and obligations under the agreement.

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