Joondalup Health Campus Summary

[2013] FWCA 5765

FAIR WORK COMMISSION

DECISION

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

Joondalup Health Campus
(AG2013/8002)

JOONDALUP HEALTH CAMPUS RAMSAY HEALTH CARE WA HOSPITAL ENGINEERING ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 14 AUGUST 2013

Application for approval of the Joondalup Health Campus Ramsay Health Care WA Hospital Engineering Enterprise Agreement 2013.

[1] On 7 August 2013, Joondalup Health Campus made application for approval of a single enterprise agreement to be known as the Joondalup Health Campus Ramsay Health Care WA Hospital Engineering Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 26 July 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has declared that the CEPU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the CEPU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the CEPU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 21 August 2013.

[7] The nominal expiry date of this Agreement is 1 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Registered Organisations of Professional Employees (ROPE) sought approval of the Joondalup Health Campus Ramsay Health Care WA Hospital Engineering Enterprise Agreement 2013. The application was opposed by the Australian Nursing and Midwifery Federation (ANMF). The dispute centred on the coverage of the agreement, specifically whether the agreement should apply to employees who were previously covered by another agreement and whether the agreement met the statutory requirements for approval.

The legal issues before the court were whether the agreement properly identified the parties and the scope of its coverage, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The court had to determine if the agreement was a single, indivisible instrument, and whether it was made in good faith. Furthermore, the court examined whether the agreement provided for the appropriate bargaining and dispute resolution processes.

The court found that the agreement was a single, indivisible instrument that properly identified the parties and the scope of its coverage. The court held that the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and appropriate dispute resolution processes. The court concluded that the agreement met the statutory requirements for approval and granted the application for its approval. The opposition to the agreement was dismissed.

Joondalup Health Campus

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established