DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jolimont Endoscopy Centre
(AG2015/2744)

JOLIMONT ENDOSCOPY CENTRE AND HEALTH SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 1 JUNE 2015

Application for approval of the Jolimont Endoscopy Centre and Health Service Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jolimont Endoscopy Centre and Health Service Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Jolimont Endoscopy Centre. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Health Services Union of 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2015. The nominal expiry date of the Agreement is 1 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Jolimont Endoscopy Centre, sought approval for the Health Service Employees Enterprise Agreement 2015, which governs the employment terms and conditions of their employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The decision-making process involved evaluating the fairness and effectiveness of the agreement in regulating employment conditions and ensuring equitable outcomes for both the Centre and its employees.

The central legal issue before the Commission was whether the agreement provided for the payment of penalty rates and shift loadings to employees in a manner that was fair and reasonable. This involved scrutinising the specific clauses within the agreement that addressed these payments, and determining whether they complied with the statutory requirements for fairness and effectiveness. Additionally, the Commission had to consider whether the agreement contained adequate provisions for the protection of employee interests, particularly in relation to shift patterns and rostering arrangements.

In delivering its decision, the Commission closely examined the provisions of the agreement concerning penalty rates and shift loadings. It determined that the agreement was fair and reasonable, as it provided for the payment of penalty rates and shift loadings in a manner that was consistent with industry standards and met the statutory criteria for approval. The Commission also found that the agreement contained sufficient provisions to protect employee interests, including provisions related to shift patterns and rostering. Consequently, the Commission approved the agreement, acknowledging its effectiveness in regulating employment terms and conditions in a fair and reasonable manner.

The Fair Work Commission approved the Health Service Employees Enterprise Agreement 2015, recognising its fairness and effectiveness in regulating employment terms and conditions. The Commission's decision ensures that the agreement will govern the employment of staff at the Jolimont Endoscopy Centre, providing a stable and equitable framework for both the Centre and its employees. This outcome reflects the Commission's commitment to promoting fair work practices and protecting the interests of all parties involved in the employment relationship.

Jolimont Endoscopy Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established