DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joondalup Health Campus Pty Ltd T/A Joondalup Health Campus
(AG2019/3281)

JOONDALUP HEALTH CAMPUS RAMSAY HEALTH CARE WA HOSPITAL ENGINEERING ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Joondalup Health Campus Ramsay Health Care WA Hospital Engineering Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Joondalup Health Campus Ramsay Health Care WA Hospital Engineering Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joondalup Health Campus Pty Ltd T/A Joondalup Health Campus. 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. 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 September 2019 and, in accordance with s.54, will operate from 19 September 2019. The nominal expiry date of the Agreement is 1 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Joondalup Health Campus Pty Ltd, trading as Joondalup Health Campus, and the Fair Work Commission. The dispute concerned the approval of the Joondalup Health Campus Ramsay Health Care WA Hospital Engineering Enterprise Agreement 2019. The matter was heard by the Fair Work Commission, the industrial relations tribunal in Australia.

The central legal issues addressed by the Commission were whether the agreement was in the best interests of the employees and whether it met the statutory requirements for approval. The Commission had to consider various factors, including whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant legislative provisions under the Fair Work Act 2009. Additionally, the Commission needed to assess the extent to which the agreement provided for the protection of employees' rights and interests.

The Fair Work Commission examined the contents of the agreement, the bargaining process, and the evidence presented by both parties. It found that the agreement contained provisions that were fair and reasonable for the employees and met the necessary statutory requirements. The Commission concluded that the agreement provided for adequate terms and conditions, and it was in the best interests of the employees. Therefore, the Commission approved the agreement.

The Fair Work Commission issued its decision approving the Joondalup Health Campus Ramsay Health Care WA Hospital Engineering Enterprise Agreement 2019. The agreement was deemed to be in the best interests of the employees and met the statutory requirements for approval. The Commission's decision was based on the evidence presented and its assessment of the agreement's provisions and the bargaining process.

Joondalup Health Campus Pty Ltd T/A Joondalup Health Campus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established