Inner South Community Health Service

[2013] FWCA 4182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inner South Community Health Service
(AG2013/6957)

INNER SOUTH COMMUNITY HEALTH SERVICE LTD MENTAL HEALTH SERVICES ENTERPRISE AGREEMENT 2012-2016

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

Application for approval of the Inner South Community Health Service Mental Health Services Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inner South Community Health Service Mental Health Services 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 Inner South Community Health Service Ltd. 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 applicant, Inner South Community Health Service, sought the court's approval of the Mental Health Services Enterprise Agreement 2012-2016. The agreement was submitted to the Fair Work Commission and was subsequently challenged by an employee, who raised objections to certain terms and conditions outlined in the agreement. The case was heard by the Federal Court of Australia.

The legal issues that the court had to address included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically sections 233 and 234, which mandate that enterprise agreements be approved if they meet certain criteria, including being free from prohibited content and ensuring fair and reasonable terms and conditions. The court also needed to determine if the agreement contained any prohibited content that would render it invalid, such as provisions that unfairly discriminate or do not meet the requirements of good faith bargaining.

The court examined the agreement in detail, assessing its provisions against the statutory requirements. The court found that the agreement did not contain any prohibited content and that it met the criteria for approval under the Fair Work Act. The court was satisfied that the agreement was fair and reasonable and that it had been negotiated in good faith. The employee's objections were dismissed, and the agreement was approved.

The Federal Court approved the Inner South Community Health Service Mental Health Services Enterprise Agreement 2012-2016, confirming its compliance with the Fair Work Act. The court found no prohibited content and determined that the agreement met the necessary criteria for approval. This decision ensures that the terms and conditions of employment for the employees are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established