DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Palliative Care Association Incorporated
(AG2020/4104)

EASTERN PALLIATIVE CARE ASSOCIATION INCORPORATED ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2020.

[1] Eastern Palliative Care Association Incorporated has made an application for approval of an enterprise agreement known as the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying employer declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. In particular, I have had regard to the matters raised in the F18 declaration by the Health Service Union (relevantly trading as the Victorian Allied Health Professionals Association (VAHPA)) and am satisfied that the agreement passes the ‘better off overall test’.

[3] The VAHPA, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 February 2021 and, in accordance with s 54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Eastern Palliative Care Association Incorporated, sought approval for the Enterprise Agreement 2020 with its allied health employees. The application was made to the Fair Work Commission under the Fair Work Act 2009. The agreement sought to regulate the terms and conditions of employment for the employees within the specified enterprise. The legal issues before the Commission involved verifying whether the agreement met the criteria for approval under the Fair Work Act, particularly focusing on the bargaining process and the contents of the agreement.

The Commission examined the process through which the agreement was negotiated and whether it was genuinely agreed upon by both parties. Additionally, the contents of the agreement were scrutinized to ensure they complied with the provisions of the Fair Work Act, including aspects such as minimum entitlements, the avoidance of underpayment, and the protection of employees' rights. The Commission also considered whether the agreement would have a detrimental effect on employees or the enterprise.

After thorough deliberation, the Commission found that the agreement was genuinely negotiated and met all the statutory requirements for approval. The contents of the agreement were deemed fair and balanced, providing adequate protections for the employees while allowing the enterprise to operate efficiently. The Commission concluded that the agreement did not have a detrimental effect on the employees or the enterprise and approved the application. The Fair Work Commission ordered that the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009.

Eastern Palliative Care Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established