Central Healthcare Services Pty Ltd (CHS)

[2022] FWCA 719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Healthcare Services Pty Ltd (CHS)

(AG2022/227)

Central Healthcare Services Pty Ltd (WA) Enterprise Agreement 2022

Pharmaceutical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 MARCH 2022

Application for approval of the Central Healthcare Services Pty Ltd (WA) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Central Healthcare Services Pty Ltd (WA) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Central Healthcare Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings dated 28 February 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pharmaceutical Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

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.

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 2 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application by Central Healthcare Services Pty Ltd (CHS) for approval of the Central Healthcare Services Pty Ltd (WA) Enterprise Agreement 2022. The applicants sought approval of the agreement, which was negotiated between CHS and the Health Services Union of Australia (HSUA). The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was a bona fide enterprise agreement, whether it was made in good faith, and whether it included appropriate provisions for employee protections and dispute resolution.

The court examined whether the agreement was genuinely negotiated between the parties, if it covered an appropriate bargaining unit, and if it contained minimum entitlements and dispute resolution mechanisms. Additionally, the FWC considered if the agreement was in the best interests of the employees and whether it adhered to the statutory requirements for enterprise agreements. The applicants argued that the agreement was the result of genuine negotiations and covered all necessary provisions. Conversely, the HSUA argued that the agreement did not meet certain statutory requirements and failed to provide adequate protections for employees.

In its decision, the FWC found that the agreement was a bona fide enterprise agreement that was negotiated in good faith. The FWC noted that the agreement covered an appropriate bargaining unit and contained minimum entitlements and dispute resolution mechanisms. The FWC also found that the agreement was in the best interests of the employees and complied with the statutory requirements for enterprise agreements. The FWC approved the agreement, subject to minor amendments to address some of the HSUA's concerns. The applicants were directed to make the necessary amendments and resubmit the agreement for final approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established