City East Specialist Day Hospital Summary

[2013] FWCA 8125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City East Specialist Day Hospital
(AG2013/9644)

CITY EAST SPECIALIST DAY HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 OCTOBER 2013

Application for approval of the City East Specialist Day Hospital Support Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City East Specialist Day Hospital Support Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City East Specialist Day Hospital. The agreement is a single-enterprise agreement.

[2] The Health Services Union, New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2013. The nominal expiry date of the Agreement is 31 July 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the City East Specialist Day Hospital seeking approval of the City East Specialist Day Hospital Support Services Enterprise Agreement 2013. The application was heard by the Fair Work Commission (FWC). The nature of the dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the applicant sought to ensure that the agreement contained the necessary minimum terms and conditions for the employees covered by it.

The legal issues before the FWC encompassed whether the agreement met the statutory criteria for minimum terms and conditions, as outlined in section 235 of the Fair Work Act. This included assessing whether the agreement provided for minimum rates of pay, hours of work, and other employment conditions as stipulated by the Act. Furthermore, the FWC had to consider if the agreement contained any terms that might be contrary to public policy or that could undermine the protection of employees' rights.

The FWC meticulously reviewed the proposed agreement against the statutory framework and found that it adhered to the necessary minimum terms and conditions. The Commission concluded that the agreement was fair and balanced, providing adequate protection for the employees. Consequently, the FWC approved the City East Specialist Day Hospital Support Services Enterprise Agreement 2013. The decision underscored the importance of ensuring that enterprise agreements do not fall short of the minimum standards set by the Fair Work Act. The FWC's approval was based on the agreement's compliance with the required statutory provisions.

City East Specialist Day Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established