DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Department of Health
(AG2015/7236)

DEPARTMENT OF HEALTH ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 27 JANUARY 2016

Application for approval of the Department of Health Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Department of Health Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth of Australia as represented by the Department of Health. 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.

[3] The CPSU, the Community and Public Sector Union, the Australian Nursing and Midwifery Federation and the ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 27 January 2016 and, in accordance with s.54, will operate from 3 February 2016. The nominal expiry date of the Agreement is 26 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Commonwealth of Australia, represented by the Department of Health, to the Fair Work Commission for approval of the Department of Health Enterprise Agreement 2016-2019. The application arose from negotiations between the Department of Health and the Health Services Union of Australia. The primary issue before the court was whether the agreement complied with the Fair Work Act 2009. In particular, the court needed to determine if the agreement met the requirements for minimum pay rates, penalty rates, and other employment conditions stipulated by the Act.

The Fair Work Commission considered the provisions of the Fair Work Act, including the need for the agreement to provide for fair and reasonable terms and conditions, and to ensure that employees were not disadvantaged. The Commission examined the details of the agreement, including the proposed pay rates, leave entitlements, and other employment conditions. The Commission also took into account submissions from both the Department of Health and the Health Services Union of Australia. Ultimately, the Commission found that the agreement complied with the requirements of the Act and approved it.

The Commission concluded that the agreement provided for fair and reasonable terms and conditions for employees, and that it did not disadvantage employees in relation to other employees. The Commission found that the proposed pay rates and other conditions were consistent with those provided for in other enterprise agreements in the public sector, and that the agreement did not contain any provisions that were contrary to the public interest. The Commission approved the Department of Health Enterprise Agreement 2016-2019, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the agreement, with modifications to certain provisions relating to pay rates and conditions. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would commence on a specified date. The Commission further ordered that the agreement would be subject to periodic review, to ensure that it continued to meet the requirements of the Act. Overall, the court's decision provided clarity and certainty for both the Department of Health and the Health Services Union of Australia, and ensured that employees were provided with fair and reasonable terms and conditions of employment.

Commonwealth of Australia as represented by the Department of Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established