DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Palliative Care Association Inc.
(AG2017/5550)

EASTERN PALLIATIVE CARE ASSOCIATION INCORPORATED ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 30 JANUARY 2018

Application for approval of the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Palliative Care Association Incorporated Allied Health Employees 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 Eastern Palliative Care Association Inc.. 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 Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 1 October 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Eastern Palliative Care Association Incorporated and its allied health employees, who were party to an enterprise agreement dated 2016. The applicants sought approval of this agreement from the Fair Work Commission. The dispute arose as the employer and the employees could not reach an agreement on certain terms and conditions of employment, necessitating the intervention of the Fair Work Commission to ensure compliance with the Fair Work Act 2009. The applicants argued that the agreement was fair and appropriate, while the respondents raised concerns about specific provisions.

The key legal issues before the court were whether the enterprise agreement was fair and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to consider if the agreement was genuinely negotiated, whether it met the "better off overall test," and if it adhered to the requirements of the national employment standards. The court also needed to assess if the agreement included appropriate dispute resolution mechanisms and whether it complied with other relevant legislative provisions.

In delivering its decision, the court examined the provisions of the agreement and the evidence presented by both parties. The court found that the agreement was genuinely negotiated and met the better off overall test. It was determined that the agreement provided employees with protections and entitlements that were at least as good as those provided by the relevant awards or national employment standards. The court also concluded that the agreement included adequate dispute resolution mechanisms and complied with all other relevant legislative requirements. Therefore, the court approved the enterprise agreement, finding it to be fair and appropriate.

The final orders of the court were that the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2016 be approved. The agreement was to be registered with the Fair Work Commission and would have effect from the date of the approval, governing the terms and conditions of employment for the allied health employees of the Eastern Palliative Care Association Incorporated.

Eastern Palliative Care Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established