DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Mission Inc
(AG2017/4581)

MELBOURNE CITY MISSION HEALTH PROFESSIONALS (PALLIATIVE CARE) AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2018

Application for approval of the Melbourne City Mission Health Professionals (Palliative Care) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne City Mission Health Professionals (Palliative Care) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne City Mission Inc. 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 Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Melbourne City Mission Inc, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, titled "Melbourne City Mission Health Professionals (Palliative Care) Agreement 2017", was intended to cover palliative care workers employed by the respondent. The dispute centred on the appropriateness and fairness of the terms and conditions set out in the agreement.

The primary legal issues that the Commission needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, including being a genuinely negotiated agreement and meeting the "better off overall test". Additionally, the Commission had to determine whether the agreement complied with the requirements of the Fair Work (Registered Organisations) Act 2009 and whether it was consistent with the principles of public policy and good faith bargaining.

The Commission determined that the agreement was genuinely negotiated and met the "better off overall test", as it provided employees with benefits that, on balance, were favourable compared to the applicable awards. The Commission also found that the agreement was consistent with the principles of public policy and good faith bargaining. In reaching this conclusion, the Commission considered the nature of the palliative care work, the specific needs of the employees, and the financial capacity of the employer. The Commission approved the agreement, finding that it did not unfairly discriminate against any group of employees and was in the best interests of the employees.

The Fair Work Commission approved the Melbourne City Mission Health Professionals (Palliative Care) Agreement 2017. The Commission found the agreement to be fairly negotiated, meeting the "better off overall test" and consistent with public policy and good faith bargaining. The Commission also determined that the agreement did not unfairly discriminate against any group of employees and was in their best interests. The approval of the agreement ensures that the terms and conditions for palliative care workers employed by Melbourne City Mission are fairly and adequately addressed.

Melbourne City Mission Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established