Eastern Palliative Care Association Incorporated Summary

[2014] FWCA 4883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Palliative Care Association Incorporated
(AG2014/6590)

EASTERN PALLIATIVE CARE ASSOCIATION INCORPORATED ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 21 JULY 2014

Application for approval of the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2014.

[1] On 27 June 2014 Eastern Palliative Care Association Incorporated (Applicant) made an application for approval of the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union (HSU) has indicated its support of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 July 2014. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the Eastern Palliative Care Association Incorporated, which sought approval for an enterprise agreement. The Allied Health Employees Enterprise Agreement 2014 was the subject of this application. The primary dispute revolved around the provisions of the agreement and whether they met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement complied with the requirements of the Fair Work Act, particularly in terms of its procedural fairness, the proper representation of the parties involved, and the overall fairness of the terms and conditions outlined within the agreement. The Commission also needed to determine if the agreement appropriately addressed the rights and obligations of both the employees and the employer.

In its reasoning, the Commission examined the evidence and submissions provided by both the Eastern Palliative Care Association Incorporated and the relevant union representatives. It found that the agreement was procedurally sound, with adequate consultation and representation processes in place. The Commission also noted that the terms and conditions of the agreement were fair and reasonable, taking into account the specific needs and circumstances of the allied health employees within the organisation. Therefore, the Commission concluded that the application for approval should be granted.

As a result of this decision, the Fair Work Commission approved the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2014. This decision ensures that the terms and conditions of employment for the allied health employees within the organisation are legally binding and provide a fair framework for both the employees and the employer.

Eastern Palliative Care Association Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established