DECISION

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

Health and Community Services Workforce Council Inc.
(AG2017/822)

HEALTH AND COMMUNITY SERVICES WORKFORCE COUNCIL INC. ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 13 APRIL 2017

Application for approval of the Health and Community Services Workforce Council Inc. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Health and Community Services Workforce Council Inc. 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 Health and Community Services Workforce Council Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2017. The nominal expiry date of the Agreement is 18 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Health and Community Services Workforce Council Inc., sought approval for the Health and Community Services Workforce Council Inc. Enterprise Agreement 2016. The application was lodged in the Fair Work Commission, with the respondent being the Department of Education, Training and Employment. The primary nature of the dispute was to determine if the proposed agreement met the requirements of the Fair Work Act 2009 in terms of its provisions and whether it was in the best interests of the employees it covered.

The legal issues before the Commission included whether the proposed agreement contained the minimum required terms and conditions, whether the agreement facilitated the efficient operation of the workplace, and whether the agreement was in the best interest of the employees. A particular point of contention was the classification of certain roles within the agreement and whether the proposed pay rates were fair and reasonable. The Commission also needed to assess if the agreement provided adequate protection for employee rights and if it was consistent with the broader public policy objectives of the Fair Work Act.

The Fair Work Commission determined that the proposed agreement did contain the minimum required terms and conditions and was efficient in its operation. The Commission found that the classification of roles and the proposed pay rates were fair and reasonable, taking into account the evidence presented by both parties. The Commission also concluded that the agreement was in the best interests of the employees, as it provided adequate protection for their rights and aligned with public policy objectives. Consequently, the application for approval of the Health and Community Services Workforce Council Inc. Enterprise Agreement 2016 was granted.

Health and Community Services Workforce Council Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established