DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gisborne and District Community Health and Hospital Board Inc T/A Macedon Ranges Health Services
(AG2017/2557)

MACEDON RANGES HEALTH, HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 12 SEPTEMBER 2017

Application for approval of the Macedon Ranges Health, Health Professionals Enterprise Agreement 2016.

[1] On 30 June 2017 Gisborne and District Community Health and Hospital Board Inc T/A Macedon Ranges Health Services (Applicant) made an application for approval of the Macedon Ranges Health, Health Professionals Enterprise Agreement 2016 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Health Services Union of Australia 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Gisborne and District Community Health and Hospital Board Inc trading as Macedon Ranges Health Services, sought approval of the Macedon Ranges Health, Health Professionals Enterprise Agreement 2016. The application was made to the Fair Work Commission. The respondent to the application was the Health Professionals and Officers Association (Victorian Branch). The nature of the dispute centred around whether the proposed enterprise agreement complied with the Fair Work Act 2009 and its regulations, particularly in terms of the agreement's provisions on wages, conditions, and other employment terms.

The legal issues that the Fair Work Commission was required to decide included whether the agreement met the criteria for registration under the Fair Work Act, whether the agreement provided for fair and reasonable terms and conditions for the employees, and if the agreement was consistent with the national minimum standards set out in the Act. Additionally, the Commission had to assess whether any provisions in the agreement unfairly disadvantaged any group of employees.

The Commission examined the agreement in detail, considering the submissions from both parties and the broader context of similar agreements in the health sector. It found that the agreement contained terms that were fair and reasonable, taking into account the needs of both employers and employees. The Commission noted that the agreement provided for appropriate wage increases, reasonable working conditions, and other employment terms that were in line with industry standards. Furthermore, the agreement did not contain any provisions that would unfairly disadvantage any group of employees. Based on this analysis, the Commission approved the agreement, concluding that it met the necessary legal standards and was in the best interests of all parties involved. The final orders included the registration of the Macedon Ranges Health, Health Professionals Enterprise Agreement 2016.

Gisborne and District Community Health and Hospital Board Inc T/A Macedon Ranges Health Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established