Grampians Community Health Service

[2013] FWCA 4180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grampians Community Health Service
(AG2013/6973)

GRAMPIANS COMMUNITY HEALTH MENTAL HEALTH SERVICE ENTERPRISE AGREEMENT 2012-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 27 JUNE 2013

Application for approval of the Grampians Community Health Mental Health Service Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Grampians Community Health Mental Health Service Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grampians Community Health Service. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

[5] The Australian Nursing Federation and the Health Services 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Grampians Community Health Service, sought approval of a proposed enterprise agreement from the Fair Work Commission. The dispute arose in relation to the Grampians Community Health Mental Health Service Enterprise Agreement 2012-2016. The Commission was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. Specifically, the court had to decide if the agreement provided for the proper classification of employees, whether it contained appropriate pay and conditions, and if the agreement was fairly negotiated.

In reaching its decision, the Commission considered the evidence and submissions from both parties, focusing on whether the agreement met the legislative requirements. The Commission noted that the agreement provided for fair and reasonable classification of employees and contained appropriate terms and conditions, including pay rates, leave entitlements, and working hours. The Commission was also satisfied that the agreement was the product of genuine bargaining and was not prejudicial to the employees.

The Fair Work Commission approved the proposed enterprise agreement. The court found that the agreement was fair and reasonable, met the legislative criteria for registration, and was the result of genuine bargaining. The Commission's decision was based on a comprehensive review of the agreement and the evidence presented by both parties. The final orders confirmed the approval of the Grampians Community Health Mental Health Service Enterprise Agreement 2012-2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established