DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ipswich Hospice Care Incorporated
(AG2019/519)

IPSWICH HOSPICE CARE ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 AUGUST 2019

Application for approval of the Ipswich Hospice Care Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ipswich Hospice Care 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 Ipswich Hospice Care Incorporated. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 August 2019 and, in accordance with s.54, will operate from 8 August 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ipswich Hospice Care Incorporated applied to the Fair Work Commission for approval of the Ipswich Hospice Care Enterprise Agreement 2018. The dispute centred on the interpretation and application of the Fair Work Act 2009. The primary legal issues the court had to address were whether the agreement complied with the statutory requirements and whether it met the "better off overall test" under the Act.

The court examined whether the agreement was genuinely negotiated, if it covered all mandatory topics, and if it provided for a fair and reasonable remuneration structure. It also assessed whether the agreement would be beneficial to the employees overall, considering factors such as wages, conditions, and other employment terms. The court concluded that the agreement satisfied the statutory criteria and met the better off overall test. The decision was based on the evidence presented, which demonstrated that the agreement provided for fair and reasonable terms for the employees, and there was genuine negotiation between the parties.

Accordingly, the Fair Work Commission approved the Ipswich Hospice Care Enterprise Agreement 2018. The court's decision was definitive in affirming the validity of the agreement, ensuring that it would be binding on the parties involved and would govern their employment relations moving forward. The final orders included the formal approval of the agreement and its registration with the Fair Work Commission.

Ipswich Hospice Care Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established