DPG Services Pty Ltd T/A Opal HealthCare Summary

[2024] FWCA 4613

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

(AG2024/4282)

OPAL HEALTHCARE (QUEENSLAND) ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 DECEMBER 2024

Application for approval of the Opal HealthCare (Queensland) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Opal HealthCare (Queensland) Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by DPG Services Pty Ltd T/A Opal HealthCare (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Workers’ Union, Australian Nurses and Midwifery Federation, Health Services Union and United Workers Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers each of these organisations.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 27 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, DPG Services Pty Ltd trading as Opal HealthCare, sought approval of the Opal HealthCare (Queensland) Enterprise Agreement 2023. The respondent, the Queensland Nurses and Midwives’ Union, objected to the application on various grounds. The matter was heard in the Fair Work Commission, where the Commissioner was required to determine whether the application should be approved.

The legal issues before the Commissioner centred on whether the agreement complied with the Fair Work Act 2009. Specifically, the Commissioner needed to assess whether the agreement met the requirements of section 234 of the Act, which mandates that an enterprise agreement must be certified by the Commission before it can be approved. The Commissioner also had to consider the objections raised by the respondent regarding the agreement's provisions and whether they met the "better off overall test" under section 179 of the Act.

The Commissioner concluded that the agreement met the statutory requirements for approval. The Commissioner found that the agreement complied with the legislative provisions and that the better off overall test was satisfied. The objections raised by the respondent were found to be without merit, and the Commissioner approved the Opal HealthCare (Queensland) Enterprise Agreement 2023.

The Fair Work Commission approved the Opal HealthCare (Queensland) Enterprise Agreement 2023, dismissing the respondent's objections. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and satisfied the better off overall test. The agreement was approved, and the parties were directed to take such steps as were necessary to implement the approved agreement.

DPG Services Pty Ltd T/A Opal HealthCare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established