Hepatitis SA Inc

[2013] FWCA 1243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Hepatitis SA Inc
(AG2013/4907)

HEPATITIS C COUNCIL OF SOUTH AUSTRALIA INC ENTERPRISE AGREEMENT 2011

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 27 FEBRUARY 2013

Application for approval of the Application for variation of the Hepatitis C Council of South Australia Inc Enterprise Agreement 2011.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Hepatitis C Council of South Australia Inc Enterprise Agreement 2011 (the Agreement). The agreement is a single enterprise agreement. This application was made by Hepatitis SA Inc pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation concerns clause 1 - Title to reflect a change of name to the organisation, clause 36 - Salary, Schedule 1 - Salary Packaging Arrangements, Schedule 2 - Wages Schedule.

[3] I have considered the application and accompanying declarations in support of the application by the Australian Municipal, Administrative, Clerical and Services Union-South Australian and Northern Territory Branch and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[4] The variation to the Agreement is approved and will operate from the first full pay period commencing on or after 27 February 2013.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Hepatitis SA Inc, applied for approval of the application for variation of the Hepatitis C Council of South Australia Inc Enterprise Agreement 2011. The application was made under section 178 of the Fair Work Act 2009. The application was opposed by the respondent, the Health and Community Services Union of Australia (SA Branch). The matter was heard in the Fair Work Commission.

The legal issues that the Commission was required to decide included whether the application met the criteria for approval under section 178 of the Fair Work Act 2009, and whether the proposed changes to the enterprise agreement were in the best interests of the employees. The Commission also had to consider whether the application process was conducted fairly and in accordance with the relevant provisions of the Fair Work Act 2009.

The Commission found that the application met the criteria for approval under section 178 of the Fair Work Act 2009. The proposed changes to the enterprise agreement were considered to be in the best interests of the employees, and the application process was found to be conducted fairly and in accordance with the relevant provisions of the Fair Work Act 2009. The Commission approved the application for variation of the enterprise agreement, subject to certain conditions.

The final orders of the Commission included the approval of the application for variation of the enterprise agreement, with conditions attached. The orders also included provisions for the parties to negotiate in good faith to reach a final agreement within a specified timeframe. The orders further provided for the consequences of failure to reach a final agreement within the specified timeframe.

CaseChat Overview and Summary

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Background to the litigation

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