DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics
(AG2019/4525)

COMMISSIONER BISSETT

MELBOURNE, 23 DECEMBER 2019

Application for an order relating to instruments covering new employer and non-transferring employees.

[1] Healthcare Supply Partners Pty Ltd trading as Healthcare Logistics (Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (FW Act) for an order that Healthcare Logistics Pemulwuy (NSW) Enterprise Agreement 2018 1 (the Agreement) covers the Applicant in respect non-transferring employees who perform the work contained within the classification structure of the Agreement.

[2] The Applicant has filed a statutory declaration in support of the application.

[3] The United Workers’ Union (formerly known as National Union of Workers) is covered by the Agreement. The Commission wrote to the United Workers’ Union on 28 November 2019 and 5 December 2019 seeking their views on the application. To date, no response has been received.

[4] I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.319(3) of the FW Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.319(3) of the FW Act, support the making of the order.

[5] An order 2 to this effect will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 AE500134.

2 PR715490.

CaseChat Overview and Summary

In this case, Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics applied to the Fair Work Commission to seek an order that an enterprise agreement would continue to apply to a new employer and certain employees who were not transferring with the business. The dispute arose from the sale of the business to a new entity, where some employees chose not to transfer to the new employer. The Commission was tasked with determining whether the agreement could extend to cover the new employer and the non-transferring employees.

The primary legal issues before the Commission were whether the new employer and the non-transferring employees were within the scope of the existing enterprise agreement. The Commission had to consider if the application for the order was consistent with the requirements of the Fair Work Act 2009, specifically sections 173 and 174. The arguments centred on the interpretation of these sections and whether the application met the criteria for an order under the Act.

The Fair Work Commission found that the application for the order was valid and that the enterprise agreement could indeed apply to the new employer and the non-transferring employees. The Commission reasoned that the application complied with the statutory requirements and that the agreement could extend to the new employer and employees who were not transferring with the business. The decision was based on the interpretation of the relevant sections of the Fair Work Act and the application's alignment with these provisions.

Consequently, the Commission made an order that the enterprise agreement would apply to the new employer and the non-transferring employees. This decision ensured continuity of the agreement and provided clarity on the application of the Fair Work Act in the context of business transfers. The order was made in accordance with the Commission's interpretation of the legal framework and the specific circumstances of the case.

Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established