| [2024] FWCA 3939 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
DPG Services Pty Ltd T/A Opal HealthCare
(AG2024/3536)
OPAL HEALTHCARE (NSW) ENTERPRISE AGREEMENT 2023
| Health and welfare services | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 12 NOVEMBER 2024 |
Application for approval of the Opal HealthCare (NSW) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Opal HealthCare (NSW) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DPG Services Pty Ltd T/A Opal HealthCare. 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. The undertakings are taken to be a term of the agreement.
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.
I note that the Agreement contains an NES precedence clause at cl.6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The Health Services Union and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526721 PR781145>
Annexure A
- AGLC
- DPG Services Pty Ltd T/A Opal HealthCare [2024] FWCA 3939
- Case
- [2024] FWCA 3939
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the FWC had to address involved whether the terms and conditions set forth in the enterprise agreement were fair and reasonable, whether the agreement adequately reflected the needs and rights of both the employer and employees, and if it complied with the requirements of the Fair Work Act 2009. Furthermore, the FWC had to determine if the agreement was made without any coercion, undue influence, or any other form of unfair labour practice.
In reaching its decision, the FWC thoroughly examined the contents of the agreement and the bargaining process. It considered the evidence provided by both parties and the broader economic and industrial context. The FWC found that the agreement was made in good faith and without any unfair labour practices. It determined that the terms and conditions were fair and reasonable, and that they balanced the interests of both the employer and the employees appropriately. Consequently, the FWC approved the Opal HealthCare (NSW) Enterprise Agreement 2023.
The Fair Work Commission has approved the Opal HealthCare (NSW) Enterprise Agreement 2023. This decision affirms the agreement as a legitimate and enforceable contract between DPG Services Pty Ltd and the Health Services Union of Australia, effective from the date of approval.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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