DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falck Pty Ltd
(AG2016/6098)

FALCK PTY LTD MEDICAL, SECURITY AND EMERGENCY SERVICES FULL TIME EMPLOYEES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Falck Pty Ltd Medical, Security and Emergency Services Full Time Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Falck Pty Ltd Medical, Security and Emergency Services Full Time 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 Falck Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2016. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Falck Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Falck Pty Ltd and its full-time medical, security, and emergency services employees. The enterprise agreement sought to regulate various aspects of employment, including wages, conditions of employment, and dispute resolution mechanisms. Falck Pty Ltd, the employer, applied for the approval of this agreement, arguing that it met the necessary criteria for endorsement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements for approval, particularly focusing on whether it was certified as "bargained genuinely," free from prohibited content, and met the "better off overall test." The Commission had to ensure that the agreement was not only fairly negotiated but also provided a net benefit to the employees when compared to the applicable awards or other relevant agreements.

The Commission examined the evidence presented regarding the genuineness of the bargaining process, the absence of prohibited content, and the overall benefit to the employees. The employer provided extensive documentation and witness testimony to support the genuineness of the bargaining process. The Commission found that the evidence demonstrated that the agreement was genuinely negotiated, free from prohibited content, and met the "better off overall test." Consequently, the Commission approved the Falck Pty Ltd Medical, Security and Emergency Services Full Time Employees Enterprise Agreement 2016.

The Commission's decision was based on a thorough assessment of the evidence provided by the employer, confirming that the agreement satisfied all legal requirements for approval. The Commission's approval of the enterprise agreement ensures that the terms and conditions of employment for the affected employees are now governed by the agreed-upon provisions, subject to the protections and rights afforded under the Fair Work Act 2009.

Falck Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established