DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Health
(AG2015/1785)

EASTERN HEALTH (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 19 FEBRUARY 2015

Application for approval of the Eastern Health (Biomedical Engineers) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Health (Biomedical Engineers) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Health. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

[4] The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Eastern Health for the approval of the Eastern Health (Biomedical Engineers) Enterprise Agreement 2014-2017. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the application, considering various aspects of the agreement including its compliance with the statutory requirements and the procedural fairness of its negotiation and preparation.

The primary legal issues that the Commission had to decide were whether the agreement was genuinely negotiated and whether it contained the mandatory terms as required by the Act. Additionally, the Commission had to determine if the agreement was made in good faith and if it complied with the procedural fairness requirements. The Commission also examined if the agreement appropriately balanced the interests of both employees and the employer, and whether it adhered to the provisions of the Act concerning the minimum entitlements of employees.

In its reasoning, the Commission determined that the agreement had been genuinely negotiated, contained the mandatory terms, and was made in good faith. The Commission found that the agreement was procedurally fair and balanced the interests of the parties. It also held that the agreement complied with all relevant provisions of the Act, including the minimum entitlements for employees. Based on these findings, the Commission approved the application, allowing the agreement to come into effect.

The final orders of the Commission were that the Eastern Health (Biomedical Engineers) Enterprise Agreement 2014-2017 be approved and registered under the Fair Work Act 2009. The agreement was to be binding on all parties from the date of the decision, and it was to be given effect accordingly.

Eastern Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established