DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clifford Hallam Healthcare Pty Ltd
(AG2020/1199)

CLIFFORD HALLAM HEALTHCARE PTY LTD (VICTORIA, TASMANIA, QUEENSLAND, NEW SOUTH WALES AND SOUTH AUSTRALIA) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 MAY 2020

Application for approval of the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & United Workers Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & United Workers Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clifford Hallam Healthcare Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error at clause 44. On 21 May 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clause 43.3.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 May 2020 and, in accordance with s.54, will operate from 28 May 2020. The nominal expiry date of the Agreement is 1 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Clifford Hallam Healthcare Pty Ltd, trading as Healthscope, sought approval for the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & United Workers Union Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which was required to determine whether the proposed enterprise agreement should be approved. The United Workers Union had submitted the agreement on behalf of the employees, and Healthscope had applied for its approval under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval, including whether it facilitated the improvement of pay and conditions, and whether it ensured that employees would not be worse off.

The central legal issues before the Commission were whether the agreement provided for the appropriate balance of interests between the employer and employees and whether it complied with the Fair Work Act's requirements. The Commission examined whether the agreement adequately addressed the employees' interests, including fair remuneration, reasonable working hours, and conditions of employment. Additionally, the Commission assessed whether the agreement allowed for the resolution of any future disputes between the parties and if it was consistent with the national system of industrial relations.

After considering the submissions and evidence from both parties, the Commission determined that the proposed enterprise agreement met the necessary criteria for approval. The agreement provided for the improvement of pay and conditions for employees, and the Commission was satisfied that it did not result in employees being worse off. Furthermore, the agreement contained appropriate mechanisms for the resolution of future disputes and complied with the requirements of the Fair Work Act. Consequently, the Commission approved the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & United Workers Union Enterprise Agreement 2019.

The Fair Work Commission approved the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & United Workers Union Enterprise Agreement 2019, recognising that it met the necessary criteria for approval and provided for the improvement of pay and conditions for employees. The Commission also determined that the agreement contained appropriate mechanisms for the resolution of future disputes and complied with the requirements of the Fair Work Act. This decision ensures that the employees' interests are protected while maintaining a fair balance between the employer and employees.

Clifford Hallam Healthcare 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