DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gastro West Pty Ltd as the Trustee for Western Suburbs Endoscopy Services Unit T/A Keilor Private
(AG2017/1009)

GASTRO WEST PTY LTD AS THE TRUSTEE FOR THE WESTERN SUBURBS ENDOSCOPY SERVICES UNIT TRUST SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 26 APRIL 2017

Application for approval of the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Support Services Enterprise Agreement 2017.

[1] On 27 March 2017, Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust T/A Keilor Private (Applicant) made an application for approval of the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Support Services Enterprise Agreement 2017 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 May 2017. The nominal expiry date of the Agreement is 31 December 2020.

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, also trading as Keilor Private, applied to the Fair Work Commission for approval of the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Support Services Enterprise Agreement 2017. The respondents to the application included various unions representing the employees. The crux of the dispute centred around the terms of the proposed enterprise agreement and its compliance with the relevant legislative framework governing enterprise agreements. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the Commission encompassed several critical aspects. Firstly, the Commission had to assess whether the agreement was genuinely an enterprise agreement as defined under the Fair Work Act 2009. This required scrutiny of the agreement to ensure it dealt with the terms and conditions of employment of the employees within the specified enterprise. Secondly, the Commission needed to determine if the agreement had been made free from any improper influence, coercion, or undue pressure. This involved reviewing the process through which the agreement was negotiated and whether the employees had genuine opportunities to participate in the process. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees, including minimum entitlements and safeguards against adverse action.

In its decision, the Commission thoroughly examined the provisions of the agreement and the process by which it was negotiated. The Commission found that the agreement met the statutory criteria for approval, as it was genuinely an enterprise agreement and had been made free from any improper influence. The Commission also concluded that the agreement provided for appropriate minimum entitlements and protections for the employees, thereby fulfilling the requirements under the Fair Work Act. Based on these findings, the Commission approved the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Support Services Enterprise Agreement 2017. The decision was made in favour of the applicant, and the agreement was approved as meeting all the necessary statutory requirements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established