[2017] FWCA 180 [Note: This decision and the associated agreement has been quashed - refer to the Full Bench decision dated 29 June 2018 [2018] FWCFB 2721]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derbarl Yerrigan Health Service Inc.
(AG2016/6758)

DERBARL YERRIGRAN HEALTH SERVICES ENTERPRISE AGREEMENT 2016

Indigenous organisations and services
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2017

Application for approval of the Derbarl Yerrigan Health Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Derbarl Yerrigan Health Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derbarl Yerrigan Health Service Inc.. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2017. The nominal expiry date of the Agreement is 11 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Derbarl Yerrigan Health Service Inc. sought approval for the Derbarl Yerrigan Health Services Enterprise Agreement 2016. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The parties involved were the Derbarl Yerrigan Health Service Inc., the employer, and the Health Professionals and Officers Association, the representative of the employees.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, complied with the relevant provisions of the Fair Work Act, and whether it contained provisions that were in the best interests of the employees. Additionally, the Commission had to consider whether the agreement met the threshold for approval under section 232 of the Fair Work Act, including whether it facilitated the improvement of workplace relations, provided for fair and efficient resolution of workplace issues, and promoted economic prosperity.

The Commission found that the agreement was genuinely negotiated and complied with the statutory requirements. It held that the agreement was in the best interests of the employees, considering the economic climate, the nature of the work, and the specific needs of the employees. The Commission concluded that the agreement facilitated improved workplace relations, provided for the fair and efficient resolution of workplace issues, and promoted economic prosperity. Consequently, the Commission approved the Derbarl Yerrigan Health Services Enterprise Agreement 2016.

Derbarl Yerrigan Health Service Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established