Central Healthcare Services Pty Ltd and Linton Street Pty Ltd trading as SWAPS

[2018] FWCA 291

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Central Healthcare Services Pty Ltd and Linton Street Pty Ltd trading as SWAPS

(AG2017/4779)

Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017

Pharmaceutical industry
Commissioner Johns	SYDNEY, 15 JANUARY 2018

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

On 12 October 2017 Central Healthcare Services Pty Ltd and Linton Street Pty Ltd trading as SWAPS (Applicants) made an application for approval of the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Applicants have provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, Applicants have indicated that undertakings were provided to employees for consideration and no objections were received in relation to the undertakings.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 January 2018. The nominal expiry date of the Agreement is 15 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Central Healthcare Services Pty Ltd and Linton Street Pty Ltd, trading as SWAPS, sought approval of the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary legal issue the Commission faced was whether the agreement provided for the compulsory resolution of the employees' disputes and if it was in the best interest of the employees. Furthermore, the Commission had to assess whether the agreement contained all the necessary terms and conditions as required by the Act.

The Commission examined the provisions of the agreement and found that it did indeed provide for the compulsory resolution of employee disputes, which is a requirement under the Act. The Commission was also satisfied that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of terms and conditions. In addition, the Commission noted that the agreement contained all the necessary terms and conditions as required by the Act, including provisions for minimum wages, leave entitlements, and other employment-related matters. Therefore, the Commission concluded that the agreement met all the necessary criteria under the Act and was suitable for approval.

Consequently, the Fair Work Commission approved the Central Healthcare Services Pty Ltd and SWAPS (WA) Enterprise Agreement 2017, recognising it as a valid and binding agreement between the employer and the employees. This decision allows the agreement to take effect and govern the employment relationship between the parties, providing a framework for resolving disputes and setting out the terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established