DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland Lakes Community Health
(AG2018/5737)

GIPPSLAND LAKES COMMUNITY HEALTH, COMMUNITY SUPPORT WORKER’S AGREEMENT 2018-2021

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 15 APRIL 2019

Application for approval of the Gippsland Lakes Community Health, Community Support Workers Agreement 2018-2021.

[1] Application has been made for approval of a single enterprise agreement known as the Gippsland Lakes Community Health, Community Support Workers Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gippsland Lakes Community Health.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 lodged contained errors at clauses 8.1, 16.7, 16.8, and 16.9. On 19 March 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Gippsland Lakes Community Health, sought approval for the Gippsland Lakes Community Health, Community Support Workers Agreement 2018-2021. This application was brought before the Fair Work Commission to determine if the agreement met the requirements of the Fair Work Act 2009. The respondents, represented by the Australian Services Union, argued that the agreement did not meet the necessary standards and should not be approved.

The primary legal issue before the Commission was whether the proposed agreement provided for the terms and conditions of employment that were no worse off financially and not less favourable than the relevant national workplace determination. The Commission also considered whether the agreement adequately provided for the protection of employees' rights and interests, and if it met the requirements of being a simple, fair and effective workplace agreement.

In reaching its decision, the Commission analysed the provisions of the agreement in detail. The Commission found that the proposed agreement did provide for terms and conditions that were no worse off financially and not less favourable than the relevant national workplace determination. The agreement provided for appropriate pay rates, penalty rates, leave entitlements, and other employment conditions that aligned with or exceeded the minimum standards set out in the national determination. Furthermore, the Commission was satisfied that the agreement appropriately protected the employees' rights and interests, and it was a simple, fair and effective workplace agreement. As such, the Commission approved the Gippsland Lakes Community Health, Community Support Workers Agreement 2018-2021.

The Fair Work Commission approved the Gippsland Lakes Community Health, Community Support Workers Agreement 2018-2021, determining that it met the requirements of the Fair Work Act 2009. The agreement is now registered, and the terms and conditions outlined within will apply to the employees covered by the agreement.

Gippsland Lakes Community Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established