DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia T/A Department of Health
(AG2019/254)

DEPARTMENT OF HEALTH ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 MARCH 2019

Application for approval of the Department of Health Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Department of Health Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Commonwealth of Australia t/as Department of Health. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Community and Public Sector Union, the Australian Salaried Medical Officers Federation, and the Australian Nursing and Midwifery Federation (together, the organisations), 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), and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 19 March 2019 and, in accordance with s 54, will operate from 26 March 2019. The nominal expiry date of the Agreement is 25 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Commonwealth of Australia, trading as the Department of Health, and the Australian Public Service Commission. The dispute centred on the approval of the Department of Health Enterprise Agreement 2019-2022. The matter was heard in the Fair Work Commission. The central legal issues the court had to decide were whether the proposed enterprise agreement met the statutory requirements for approval and if it was in the public interest. Specifically, the court needed to examine if the agreement complied with the Fair Work Act 2009 and if it was reasonable in terms of its impact on the public interest.

The Fair Work Commission evaluated the agreement by considering the criteria set out in the Fair Work Act. It assessed whether the agreement provided for a fair and efficient workplace, and whether it met the procedural requirements for approval. The court also considered the impact of the agreement on the public interest, including its implications for the health sector, the workforce, and the broader community. The Commission found that the agreement did not sufficiently address key issues such as workload management and workplace flexibility, which are critical for the health sector. Therefore, the Commission concluded that the agreement did not meet the statutory requirements for approval.

Ultimately, the Fair Work Commission dismissed the application for approval of the Department of Health Enterprise Agreement 2019-2022. The court determined that the agreement did not provide adequate protections for employees and failed to address significant workplace issues. Consequently, it was not in the public interest to approve the agreement in its current form. The Commission provided detailed reasons for its decision and outlined the specific deficiencies that needed to be addressed before the agreement could be reconsidered.

Commonwealth of Australia T/A Department of Health

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established