Clifford Hallam Healthcare Pty Ltd Summary

[2016] FWCA 50

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Clifford Hallam Healthcare Pty Ltd t/a CH2

(AG2015/7612)

CLIFFORD HALLAM HEALTHCARE PTY LTD (VICTORIA,

TASMANIA, QUEENSLAND AND NEW SOUTH WALES) &

NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Pharmaceutical industry

COMMISSIONER ROE

MELBOURNE, 5 JANUARY 2016

Application for approval of the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania,

Queensland and New South Wales) & National Union of Workers Enterprise Agreement

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland and New South Wales)

& National Union of Workers Enterprise Agreement 2015 (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 t/a CH2. 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 National Union of Workers 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.
[2016] FWCA 50

[4] The Agreement was approved on 5 January 2016 and, in accordance with s.54, will

operate from 12 January 2016. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between Clifford Hallam Healthcare Pty Ltd and the National Union of Workers. The agreement was made under section 185 of the Fair Work Act 2009. The application for approval was submitted by Clifford Hallam Healthcare Pty Ltd, also known as CH2. The agreement covered employees in Victoria, Tasmania, Queensland, and New South Wales and was referred to as the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, and New South Wales) & National Union of Workers Enterprise Agreement 2015.

The Commission had to decide whether the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act. Specifically, the Commission needed to ensure that the agreement was fairly chosen and covered a representative group of employees. Although the agreement did not cover all employees, the Commission was satisfied that the group of employees was fairly chosen, taking into account the factors in sections 186(3) and (3A) of the Act.

The Commission found that the agreement met all the necessary requirements for approval. The National Union of Workers, which was the bargaining representative for the agreement, had given notice that it wanted the agreement to cover its members. The Commission also noted that the agreement covered the organisation as required by section 201(2) of the Act. The agreement was approved on 5 January 2016 and will operate from 12 January 2016, with a nominal expiry date of 1 October 2016.

Clifford Hallam Healthcare Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established