Euroa Health Inc

[2019] FWCA 6003

[2019] FWCA 6003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Euroa Health Inc
(AG2019/2639)

EUROA HEALTH INC. AND THE AUSTRALIAN NURSING & MIDWIFERY FEDERATION AND THE HEALTH WORKERS UNION, NURSES AND ALLIED HEALTH SERVICES COLLECTIVE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 AUGUST 2019

Application for approval of the Euroa Health Inc. and the Australian Nursing & Midwifery Federation and the Health Workers Union, Nurses and Allied Health Services Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Euroa Health Inc. and the Australian Nursing & Midwifery Federation and the Health Workers Union, Nurses and Allied Health Services Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Euroa Health Inc. The Agreement is a single enterprise agreement.

[2] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form, as it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Infoline” with the relevant telephone number. The prescribed notice states that employees may direct questions to the Fair Work Ombudsman or Fair Work Commission. Further, the voting details were not provided 7 clear days from the vote to employees. I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 both concerns constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, I am 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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