DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Link Health and Community Limited T/A Link Health and Community
(AG2016/1694)

LINK HEALTH AND COMMUNITY LIMITED GENERAL DENTISTS’ ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Link Health and Community Limited General Dentists’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Link Health and Community Limited General Dentists’ Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Link Health and Community Limited T/A Link Health and Community. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2016. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Link Health and Community Limited, trading as Link Health and Community, the Fair Work Commission was tasked with approving the Link Health and Community Limited General Dentists’ Enterprise Agreement 2016. The application for approval was brought forward by the employer, Link Health and Community Limited, against the backdrop of a broader industrial dispute concerning the terms of employment for general dentists within the organisation. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for the appropriate balance between the interests of employees and employers, and whether it adhered to the procedural and substantive fairness standards. The Commission had to consider whether the agreement was made in good faith, free from coercion or undue influence, and whether it was an enterprise agreement that was genuinely intended to regulate the terms and conditions of employment of the relevant employees.

Upon reviewing the agreement, the Commission noted that it contained provisions that addressed various aspects of employment, including wages, hours of work, leave entitlements, and professional development opportunities. The Commission considered the submissions from both parties and examined the evidence presented. Ultimately, the Commission found that the agreement met the statutory criteria for approval. It determined that the agreement was made in good faith, was free from coercion or undue influence, and was an enterprise agreement that genuinely regulated the terms and conditions of employment of the relevant employees. Consequently, the Commission approved the Link Health and Community Limited General Dentists’ Enterprise Agreement 2016.

The Fair Work Commission's decision to approve the enterprise agreement was based on its finding that the agreement met the necessary legal standards. The Commission found that the agreement provided for a fair and reasonable balance between the interests of the employees and the employer. The Commission also concluded that the agreement was an authentic enterprise agreement, made in good faith, and free from any form of coercion or undue influence. In light of these findings, the Commission granted the employer's application for approval of the enterprise agreement, thereby providing certainty and stability to the employment relationship between the employer and the general dentists.

Link Health and Community Limited T/A Link Health and Community

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established