DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macarthur Paediatric Occupational Therapy T/A Macarthur Paediatric Occupational Therapy
(AG2019/1561)

MACARTHUR PAEDIATRIC OCCUPATIONAL THERAPY ENTERPRISE BARGAINING AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 JULY 2019

Application for approval of the Macarthur Paediatric Occupational Therapy Enterprise Bargaining Agreement 2019.

[1] Macarthur Paediatric Occupational Therapy (the Employer) has made an application for approval of an enterprise agreement known as the Macarthur Paediatric Occupational Therapy Enterprise Bargaining Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[5] The Agreement was approved on 12 July 2019 and, in accordance with s 54, will operate from 19 July 2019. The nominal expiry date of the Agreement is 12 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Macarthur Paediatric Occupational Therapy Enterprise Bargaining Agreement 2019. The applicant, Macarthur Paediatric Occupational Therapy, sought to have the agreement registered on the Register of Approved Agreements, in accordance with the Fair Work Act 2009. The Commission needed to determine whether the agreement met the criteria for approval, including whether it provided for a safety net of minimum wages and conditions and whether it had been fairly negotiated.

The legal issues the court was required to decide included whether the agreement provided for a safety net of minimum wages and conditions, whether the agreement had been fairly negotiated, and whether the agreement was in the public interest. The applicant argued that the agreement provided for a fair and reasonable safety net of minimum wages and conditions and that it had been negotiated in good faith. The Commission also needed to consider whether the agreement would have a detrimental effect on the public interest, including the potential impact on the availability of services for children requiring paediatric occupational therapy.

After considering the evidence and submissions from both parties, the Commission found that the agreement provided for a fair and reasonable safety net of minimum wages and conditions and that it had been negotiated in good faith. The Commission also found that the agreement would not have a detrimental effect on the public interest, including the availability of services for children requiring paediatric occupational therapy. The Commission approved the agreement and registered it on the Register of Approved Agreements. The applicant was granted the relief it sought, and the agreement became a legally binding contract between the parties.

Macarthur Paediatric Occupational Therapy T/A Macarthur Paediatric Occupational Therapy

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established