Medibank Health Solutions Pty Limited

[2016] FWCA 1269

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Medibank Health Solutions Pty Limited T/A Medibank Health Solutions

(AG2015/7854)

MEDIBANK HEALTH SOLUTIONS ENTERPRISE AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Medibank Health Solutions Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Medibank Health Solutions Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Medibank

Health Solutions Pty Limited T/A Medibank Health Solutions. 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 Australian Nursing and Midwifery Federation 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.
[2016] FWCA 1269

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 March 2016. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418005 PR577469

[2016] FWCA 1269

Annexure A

CaseChat Overview and Summary

Medibank Health Solutions Pty Limited, trading as Medibank Health Solutions, applied for approval of the Medibank Health Solutions Enterprise Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009 (the Act). The applicant provided written undertakings, which the Commissioner was satisfied would not cause financial detriment to employees or result in substantial changes to the Agreement. The Australian Nursing and Midwifery Federation, a bargaining representative for the Agreement, also gave notice under section 183 of the Act that it wanted the Agreement to cover it. The Commissioner found that the Agreement met all relevant requirements of the Act and approved it to operate from 7 March 2016, with a nominal expiry date of 30 October 2016.

The key legal issue in this case was whether the Medibank Health Solutions Enterprise Agreement 2015 met the requirements of the Fair Work Act 2009 to be approved by the Fair Work Commission. The applicant needed to demonstrate that the Agreement satisfied the criteria for approval, including that it did not cause financial detriment to employees or result in substantial changes to the Agreement. The Commissioner also needed to consider whether the bargaining representative for the Agreement wanted it to cover them.

The Commissioner found that the applicant had provided written undertakings that met the criteria for approval. The Commissioner was satisfied that the undertakings would not cause financial detriment to employees or result in substantial changes to the Agreement. The Commissioner also noted that the Australian Nursing and Midwifery Federation, a bargaining representative for the Agreement, had given notice that it wanted the Agreement to cover it. The Commissioner found that the Agreement met all relevant requirements of the Act and approved it to operate from 7 March 2016, with a nominal expiry date of 30 October 2016.

This case highlights the importance of providing written undertakings when applying for approval of an enterprise agreement under the Fair Work Act 2009. The Commissioner was satisfied that the undertakings in this case would not cause financial detriment to employees or result in substantial changes to the Agreement. The Commissioner also considered the views of the bargaining representative for the Agreement when deciding whether to approve the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established