DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Good Samaritan Industries
(AG2016/4150)

GOOD SAMARITAN INDUSTRIES ENTERPRISE AGREEMENT 2016

Miscellaneous
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Good Samaritan Industries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Good Samaritan Industries Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Good Samaritan Industries. The Agreement is a single enterprise agreement.

[2] I listed the matter for hearing by video link on 18 October 2016 to deal with concerns in relation to clause 4(2) of the Agreement, being whether or not the coverage clause of the Agreement meets the requirements of s.186(3) and s.186(3A) of the Act. The Applicant proffered an undertaking in relation to clause 4(2) of the Agreement and after hearing from the parties and subject to that undertaking, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] The Applicant 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.

[4] 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.

[5] The Health Services Union of Australia, United Voice and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Appearances:

J Lilleyman for the Applicant

P Marcano for the Health Services Union

S L’Herpiniere for the Health Services Union

J Robb for United Voice

C Mullane on his own behalf

Hearing details:

2016.

Melbourne by video link to Perth:

18 October.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent case of Good Samaritan Industries, the applicants, representing the employer, sought the approval of the Fair Work Commission (FWC) for the Good Samaritan Industries Enterprise Agreement 2016. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the applicants argued that the agreement, which had been negotiated in good faith and contained terms that were fair and reasonable, should be approved despite some minor procedural irregularities.

The central legal issues before the FWC were whether the irregularities in the negotiation and finalisation of the agreement were substantial enough to render it invalid and whether the agreement provided for fair and reasonable terms and conditions of employment. The applicants contended that the procedural shortcomings did not affect the fairness or reasonableness of the agreement’s content, while the objectors raised concerns about the process and the potential impact on employee rights.

The FWC, after considering the evidence and arguments presented, determined that the procedural issues did not undermine the overall fairness and reasonableness of the agreement. The Commission found that the negotiations were conducted in good faith and that the agreement reflected a balanced consideration of the interests of both parties. Accordingly, the FWC approved the agreement, emphasising the importance of the content over the procedural imperfections, provided the minor issues were rectified in future processes.

The FWC’s decision underscores the importance of the substantive fairness of enterprise agreements, even in the presence of procedural irregularities. The approval of the Good Samaritan Industries Enterprise Agreement 2016 highlights the Commission's focus on the practical outcomes for employees and employers rather than on minor procedural deficiencies. The final orders included the approval of the agreement subject to the rectification of the identified procedural issues.

Good Samaritan Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established