Daniels Health Services Pty Ltd

[2018] FWCA 7023

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Daniels Health Services Pty Ltd

(AG2018/3108)

Daniels Health QLD Enterprise Agreement 2018

Waste management industry
Deputy President Colman	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the Daniels Health QLD Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Daniels Health QLD Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daniels Health Services Pty Ltd. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 16 November 2018 and, in accordance with s.54, will operate from 23 November 2018. The nominal expiry date of the Agreement is 6 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Daniels Health Services Pty Ltd, a healthcare services provider, and their employees. The dispute centred around the application for the approval of the Daniels Health QLD Enterprise Agreement 2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The application was brought before the FWC to ensure the agreement complied with the relevant provisions and to address any potential issues that may arise from its implementation.

The primary legal issue before the court was whether the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act 2009. Additionally, the court had to determine if the agreement had been genuinely negotiated between the employer and the employees' representative and if it adhered to the procedural requirements set out in the Act. Furthermore, the court examined whether the agreement addressed the specific needs and interests of the employees and if it promoted fair and equitable workplace practices.

In reaching its decision, the court examined the agreement's contents and assessed whether it met the necessary requirements under the Fair Work Act 2009. The court found that the agreement contained all the required minimum terms and conditions, had been genuinely negotiated between the parties, and adhered to the procedural requirements. Furthermore, the court determined that the agreement addressed the specific needs and interests of the employees and promoted fair and equitable workplace practices. Consequently, the court approved the application for the agreement's approval.

The final orders of the court approved the application for the Daniels Health QLD Enterprise Agreement 2018 to be registered as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect and govern the employment relationship between Daniels Health Services Pty Ltd and their employees in Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established