Leana Street Consulting Pty Ltd Summary

[2013] FWCA 9861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leana Street Consulting Pty Ltd
(AG2013/11786)

ADVENTIST HEALTHCARE LIMITED SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2015

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 DECEMBER 2013

Application for approval of the Adventist HealthCare Limited Support Services Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Adventist HealthCare Limited Support Services Employees Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leana Street Consulting Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Leana Street. The written undertaking concerning clause 3.1(b) will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[3] The Health Services Union, New South Wales Branch, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leana Street Consulting Pty Ltd applied to the Fair Work Commission for approval of the Adventist HealthCare Limited Support Services Employees Enterprise Agreement 2013-2015. The application was opposed by the Australian Council of Trade Unions. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was required to determine whether the agreement was a "genuine" agreement, whether it contained the "allowable provisions" and whether the agreement satisfied the "better off overall test".

The Commission found that the agreement was a genuine agreement, containing allowable provisions and meeting the better off overall test. The applicant demonstrated that the agreement was negotiated in good faith and that employees had an opportunity to discuss the terms of the agreement. The agreement contained provisions that were permissible under the Act and Regulations. The Commission was satisfied that the agreement was better off overall for the employees, as it provided for a range of benefits, including salary increases and additional leave entitlements. The application was approved, and the agreement was registered.

The Commission ordered that the Adventist HealthCare Limited Support Services Employees Enterprise Agreement 2013-2015 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to commence on 1 July 2013 and expire on 30 June 2015. The decision provides guidance on the requirements for approving an enterprise agreement and the considerations that the Commission takes into account when assessing whether an agreement is genuine and meets the better off overall test.

Leana Street Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established