DECISION

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

Macarthur Paediatric Occupational Therapy
(AG2015/1081)

MACARTHUR PAEDIATRIC OCCUPATIONAL THERAPY ENTERPRISE AGREEMENT.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 JUNE 2015

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

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

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] An undertaking has been provided by Ms Narelle Hypatidis, Director, Macarthur Paediatric Occupational Therapy. The written undertaking concerning clause 10.5 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[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 18 June 2015. The nominal expiry date of the Agreement is 28 April 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Macarthur Paediatric Occupational Therapy was an application for the approval of an enterprise agreement between the employer, Macarthur Paediatric Occupational Therapy, and its employees, represented by the Australian Health Services Union. The application was heard in the Fair Work Commission. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they met the legal standards for approval under the Fair Work Act 2009. The Australian Health Services Union contested several aspects of the agreement, primarily focusing on the fairness and reasonableness of the proposed conditions.

The key legal issues the Commission had to resolve were whether the proposed agreement provided for the appropriate terms and conditions for the employees and whether the agreement was procedurally sound, with fair and reasonable terms. The Commission had to determine if the agreement complied with the relevant provisions of the Fair Work Act and whether it met the requirements for approval as a single interest enterprise agreement. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it was free from any unlawful content.

In its decision, the Commission examined the evidence and submissions from both parties. It considered the fairness of the proposed terms and conditions, the process by which the agreement was negotiated, and the overall impact on the employees. The Commission found that the agreement was largely fair and reasonable, providing appropriate protections and benefits for the employees. It also concluded that the agreement was negotiated in good faith and met the legal standards for approval under the Fair Work Act. The Commission approved the Macarthur Paediatric Occupational Therapy Enterprise Agreement, deeming it to be in the best interests of the employees and compliant with the relevant legislation.

Macarthur Paediatric Occupational Therapy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established