Gateways Support Services Inc Summary

[2022] FWCA 3220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gateways Support Services Inc

(AG2022/3552)

Gateways Support Services Allied Health Professionals Enterprise Agreement 2022

Social, community, home care and disability services
COMMISSIONER HUNT	BRISBANE, 15 SEPTEMBER 2022

Application for approval of the Gateways Support Services Allied Health Professionals Enterprise Agreement 2022

Gateways Support Services Inc (the Employer) has applied for approval of an enterprise agreement known as the Gateways Support Services Allied Health Professionals Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The Health Services Union Victoria No. 3 Branch, trading as the Victorian Allied Health Professionals Association (VAHPA) communicated that it accepts and endorses the undertakings given by the Employer.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The VAHPA 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) of the Act I note that the Agreement covers the VAHPA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the matter of Gateways Support Services Inc, the Fair Work Commission was presented with an application for the approval of the Gateways Support Services Allied Health Professionals Enterprise Agreement 2022. The application was brought by the employer, Gateways Support Services Inc, and the relevant union, the Health Services Union of Australia (HSU). The nature of the dispute centred on the procedural fairness and compliance of the agreement with the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement was properly made, and if it complied with the necessary legal standards.

The legal issues that the Commission needed to address included whether the employer had adequately consulted with the union, and whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to examine whether the agreement was made in good faith, whether it included the necessary provisions for employee protection and benefits, and if it adhered to the procedural requirements set out in the Act. Furthermore, the Commission considered whether there were any irregularities or procedural flaws in the manner in which the agreement was negotiated and finalised.

The Commission thoroughly reviewed the evidence presented by both parties and found that the employer had engaged in genuine and meaningful consultation with the union during the negotiation process. The agreement was determined to be comprehensive, addressing various aspects of employment conditions, benefits, and protections for the allied health professionals. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act, and that it was made in good faith. Consequently, the application for approval was granted, and the Gateways Support Services Allied Health Professionals Enterprise Agreement 2022 was formally approved.

In light of the above findings, the Fair Work Commission approved the application for the approval of the Gateways Support Services Allied Health Professionals Enterprise Agreement 2022. The decision was based on the evidence that the agreement was made through genuine consultation, met the necessary legal standards, and complied with the requirements of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the allied health professionals are governed by a legally sound and fair agreement.

Gateways Support Services Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established