DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gateways Support Services Inc
(AG2018/4793)

GATEWAYS SUPPORT SERVICES ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Gateways Support Services Allied Health Professionals Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gateways Support Services Allied Health Professionals Enterprise 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 Gateways Support Services Inc. The Agreement is a single enterprise agreement.

[2] 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.

[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 Health Services Union (HSU) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Gateways Support Services Inc, sought approval of the Gateways Support Services Allied Health Professionals Enterprise Agreement 2018. The respondents, Health Services Union of Australia and the Australian Nursing and Midwifery Federation, objected to the application. The case was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness and the coverage of the agreement.

The Commission examined the process by which the agreement was formed, focusing on whether the applicants had complied with the relevant provisions of the Fair Work Act. The respondents argued that the applicants did not adequately consult with the relevant employees and that the agreement unfairly excluded certain categories of workers. The applicants, in turn, maintained that they had followed proper procedures and that the agreement was fair and reasonable. The Commission considered the evidence presented by both parties and assessed the procedural fairness of the bargaining process. It also scrutinised the terms of the agreement to ensure they met the statutory requirements.

Ultimately, the Commission found that the applicants had followed appropriate procedures in the formation of the agreement and that the agreement itself was fair and reasonable. The Commission concluded that the procedural fairness requirements were met and that the agreement complied with the relevant provisions of the Fair Work Act. Therefore, the Commission approved the enterprise agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the covered employees and that it did not unfairly exclude any category of workers.

The final orders of the Commission were that the Gateways Support Services Allied Health Professionals Enterprise Agreement 2018 be approved as a certified agreement under the Fair Work Act. The agreement was to be in effect from the date of the Commission's decision and would apply to the employees covered by the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission.

Gateways Support Services Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established