Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust T/A Keilor Private

[2021] FWCA 6717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust T/A Keilor Private
(AG2021/8261)

GASTRO WEST PTY LTD AS THE TRUSTEE FOR THE WESTERN SUBURBS ENDOSCOPY SERVICES UNIT TRUST SUPPORT SERVICES ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER O'NEILL	MELBOURNE, 18 NOVEMBER 2021

Application for approval of the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Support Services Enterprise Agreement 2021

[1] Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust has applied for approval of an enterprise agreement known as the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Support Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gastro West Pty Ltd, as the Trustee for the Western Suburbs Endoscopy Services Unit Trust, applied for approval of the 2021 Support Services Enterprise Agreement. This application was contested by several employees, who raised concerns about the terms and conditions outlined in the proposed agreement. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms, and whether it had been genuinely agreed upon by the parties involved. The Commission had to consider the fairness of the terms and conditions, the process through which the agreement was negotiated, and whether there was adequate consultation and disclosure of information.

In its decision, the Fair Work Commission carefully examined the terms of the agreement, the negotiation process, and the evidence provided by both parties. The Commission found that the agreement was fair and reasonable and had been genuinely agreed upon. The evidence showed that the negotiation process was robust, with adequate consultation and disclosure of information. The terms and conditions were considered to be in line with industry standards and provided for fair remuneration and working conditions for the employees.

As a result, the Fair Work Commission approved the 2021 Support Services Enterprise Agreement. The Commission's decision provided clarity and legal certainty for the parties involved, ensuring that the agreement would be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established