DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawkesbury District Health Service Limited
(AG2014/10778)

HAWKESBURY DISTRICT HEALTH SERVICE LIMITED HEALTH SERVICES UNION NSW NON NURSING ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Hawkesbury District Health Service Limited Health Services Union NSW Non Nursing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hawkesbury District Health Service Limited Health Services Union NSW Non Nursing Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hawkesbury District Health Service Limited. 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 Agreement is approved and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

[4] The Health Services Union 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hawkesbury District Health Service Limited, the respondent, applied to the Fair Work Commission for approval of the Hawkesbury District Health Service Limited Health Services Union NSW Non Nursing Enterprise Agreement 2014, the applicant. The dispute centered on whether the agreement met the necessary criteria for approval, including whether it provided for the fair and reasonable terms and conditions of employment, as stipulated under the Fair Work Act 2009. The Fair Work Commission heard the matter and assessed the agreement based on the legal requirements.

The primary legal issues that the Commission had to determine were whether the agreement contained appropriate provisions for terms and conditions of employment, whether it adhered to the procedural requirements for registration, and whether it complied with the substantive provisions of the Fair Work Act. Additionally, the Commission evaluated whether the agreement appropriately balanced the interests of the employer and the employees.

In its decision, the Fair Work Commission found that the agreement satisfied the procedural and substantive requirements for approval. The Commission observed that the agreement contained provisions that were fair and reasonable and met the criteria outlined in the Fair Work Act. The Commission concluded that the agreement provided adequate terms and conditions of employment and was procedurally sound. Therefore, the Commission approved the agreement, noting that it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission granted approval of the Hawkesbury District Health Service Limited Health Services Union NSW Non Nursing Enterprise Agreement 2014, determining that it met the necessary legal criteria. The Commission's decision was based on a comprehensive assessment of the agreement's provisions, procedural compliance, and the balance of interests between the parties involved. The approval of the agreement allows it to be registered and enforceable under the Fair Work Act.

Hawkesbury District Health Service Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established