DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integria Healthcare (Australia) Pty Ltd T/A Integria Healthcare
(AG2018/2722)

INTEGRIA HEALTHCARE (AUSTRALIA) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 NOVEMBER 2018

Application for approval of the Integria Healthcare (Australia) Pty Ltd and Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Integria Healthcare (Australia) Pty Ltd and Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integria Healthcare (Australia) Pty Ltd T/A Integria Healthcare. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Association of Professional Engineers, Scientists and Managers, Australia 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.

[5] The Agreement was approved on 21 November 2018 and, in accordance with s.54, will operate from 28 November 2018. The nominal expiry date of the Agreement is 21 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Integria Healthcare (Australia) Pty Ltd, trading as Integria Healthcare, which sought approval for its 2018 Enterprise Agreement. The Fair Work Commission (FWC) was tasked with examining the agreement under the Fair Work Act 2009. The application for approval was brought before the FWC, and the primary focus was on whether the agreement met the requirements for being deemed "registered" under the Act.

The central legal issues before the FWC were whether the Enterprise Agreement satisfied the criteria set out in section 230 of the Fair Work Act. This included assessing whether the agreement provided for terms and conditions of employment, contained proper provisions for the protection of employees, and whether it complied with the "better off overall test" (BOOT) as outlined in section 235. Furthermore, the court needed to consider if the agreement was made in good faith and whether it included a dispute resolution procedure.

In deliberating on the matter, the FWC considered the terms of the agreement and its alignment with the legislative requirements. The Commission found that the agreement was comprehensive in its coverage of employment terms and conditions, contained adequate employee protections, and was made in good faith. Importantly, the FWC concluded that the agreement was better off overall for the employees, thereby satisfying the BOOT. The Commission also noted that the agreement included a dispute resolution procedure, fulfilling another statutory requirement. Having satisfied itself on these points, the FWC approved the Enterprise Agreement.

The FWC ordered the approval of the Integria Healthcare (Australia) Pty Ltd and Employees Enterprise Agreement 2018, recognising it as a registered agreement under the Fair Work Act. This decision legally binds the parties to the terms and conditions outlined in the agreement, providing a framework for employment relations between Integria Healthcare and its employees.

Integria Healthcare (Australia) Pty Ltd T/A Integria Healthcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established