DPG Services Pty Ltd T/A Opal HealthCare Summary

[2024] FWCA 4543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DPG Services Pty Ltd T/A Opal HealthCare

(AG2024/3891)

OPAL HEALTHCARE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER SCHNEIDER	PERTH, 17 DECEMBER 2024

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

DPG Services Pty Ltd T/A Opal HealthCare (the Applicant) has made an application for the approval of an enterprise agreement known as the Opal HealthCare (Western Australia) Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Health Services Union, the United Workers’ Union, and the Australian Nursing and Midwifery Federation (collectively, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek coverage under the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the Unions, I confirm that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were DPG Services Pty Ltd, trading as Opal HealthCare, and its employees. The dispute centred around the proposed Opal HealthCare (Western Australia) Enterprise Agreement 2023, which was submitted for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be certified as meeting the requirements for registration. The central legal issues revolved around whether the agreement was genuinely negotiated, whether it contained provisions for fair terms and conditions of employment, and whether it complied with relevant legislative standards. The Commission had to consider the nature of the negotiations, the contents of the agreement, and whether it aligned with the principles of the Fair Work Act.

The Commission examined the evidence provided regarding the negotiation process and the content of the agreement. It assessed whether the agreement was genuinely negotiated between the employer and the employees' representatives, whether it included provisions for fair terms and conditions, and whether it met the legislative criteria for registration. The Commission considered submissions from both parties and any relevant background information, including the industrial context and the parties' bargaining positions. The decision required a careful balance between ensuring the agreement was fairly negotiated and that it provided for fair terms and conditions.

In its decision, the Commission found that the Opal HealthCare (Western Australia) Enterprise Agreement 2023 was genuinely negotiated and met the legislative requirements for approval. The Commission determined that the agreement contained fair terms and conditions of employment and complied with the provisions of the Fair Work Act. The agreement was found to be in the best interests of the employees and did not contain any provisions that would be detrimental to the employees or contrary to public interest. Therefore, the Commission certified the agreement, allowing it to be registered and enforced.

The final orders of the Commission were to approve the Opal HealthCare (Western Australia) Enterprise Agreement 2023, certifying it as meeting the requirements for registration under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and it would come into effect from the specified date. The parties were directed to take all necessary steps to give effect to the agreement, ensuring compliance with its terms and conditions.

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