DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Clifford Hallam Healthcare Pty Ltd
(AG2019/1881)

CLIFFORD HALLAM HEALTHCARE PTY LTD (VICTORIA, TASMANIA, QUEENSLAND, NEW SOUTH WALES AND SOUTH AUSTRALIA) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 SEPTEMBER 2019

Application for variation of the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made by Clifford Hallam Healthcare Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 26 March 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 10 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Clifford Hallam Healthcare Pty Ltd applied for a variation to the enterprise agreement that governs its employees. The application was brought by the employer, seeking to alter certain provisions related to shift patterns, employee entitlements, and the management of leave. The National Union of Workers opposed the application, arguing that the proposed changes were detrimental to the employees' rights and conditions.

The central legal issues revolved around whether the proposed changes to the enterprise agreement were necessary and appropriate under the Fair Work Act 2009. The Commission had to consider whether the changes were procedurally valid, whether they were in the interests of the employees, and whether they complied with the statutory requirements for good faith bargaining and fairness. Additionally, the Commission needed to evaluate the impact of the proposed changes on the employees' working conditions and entitlements.

The Commission carefully reviewed the application and the evidence provided by both parties. It considered the employer's arguments regarding the necessity of the changes to maintain operational efficiency and the union's counterarguments regarding the adverse effects on employee welfare. Ultimately, the Commission concluded that the application did not meet the statutory criteria for a variation of the enterprise agreement. The proposed changes did not sufficiently demonstrate a compelling need, and there were significant concerns regarding their fairness and impact on the employees. Consequently, the application was dismissed.

The Commission's decision resulted in the preservation of the existing enterprise agreement, maintaining the terms and conditions that govern the employment relationship between Clifford Hallam Healthcare Pty Ltd and its 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