Ms Dianne Jacobs

[2023] FWCA 1782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ms Dianne Jacobs

(AG2023/1501)

PORT LINCOLN ABORIGINAL HEALTH SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 19 JUNE 2023

Application for approval of the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ms Dianne Jacobs (the Applicant). The agreement is a single enterprise agreement. Ms Jacobs is the appointed employer bargaining representative and thus, has capacity to make this application.

The matter was allocated to my Chambers on 29 May 2023.

The Applicant has submitted an undertaking in the required form dated 8 June 2023. The undertaking deals with the following topic:

· Despite Clause 6.11.4 of the Agreement, in the event that a client cancellation occurs regarding home care services, the provisions provided under Clause 25.5(f) of the Social, Community, Home Care and Disability Services Industry Award 2010 will apply.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The Health Services Union, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

Ms Dianne Jacobs applied to the Fair Work Commission to approve the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2022. The application involved consideration of whether the agreement met the necessary legal standards for approval, particularly focusing on procedural fairness and compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fairly negotiated and met the requirements of the legislation.

The legal issues the court examined included whether the agreement was genuinely negotiated between the employer and the employees' representatives and whether it complied with the procedural fairness standards. Furthermore, the court needed to assess whether the agreement met the minimum standards set by the Fair Work Act, including provisions for minimum wages, conditions, and protections for employees.

The court examined the evidence provided and found that the agreement had been fairly negotiated and met the procedural fairness requirements. The court also determined that the agreement complied with the minimum standards of the Fair Work Act. The court was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and it was in the best interest of the employees.

Consequently, the Fair Work Commission approved the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2022. The approval was based on the findings that the agreement was fairly negotiated, met the procedural fairness standards, and complied with the minimum standards set by the Fair Work Act. The court's decision recognised the importance of ensuring fair and reasonable terms and conditions for employees within the Aboriginal Health Service.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established