DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Health Funding Body
(AG2016/5575)

NATIONAL HEALTH FUNDING BODY ENTERPRISE AGREEMENT 2016-19

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2016

Application for the approval of the National Health Funding Body Enterprise Agreement 2016-19.

[1] An application has been made for approval of an enterprise agreement known as the National Health Funding Body Enterprise Agreement 2016-19 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Health Funding Body. The Agreement is a single enterprise agreement.

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

[3] The CPSU, the Community and Public Sector 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 25 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Health Funding Body (NHFB) sought approval of the National Health Funding Body Enterprise Agreement 2016-19. The applicants were the National Health Funding Body and the Australian Health Services Union, the latter being the union representing the employees of the NHFB. The dispute centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work (Enterprise Bargaining) Act 2018. Specifically, the Commission needed to determine if the agreement met the minimum requirements under section 233 of the Fair Work Act, including the provision of minimum rates of pay and conditions, and if it adhered to the good faith bargaining provisions under section 186 of the Act.

The Commission examined whether the agreement appropriately balanced the interests of both parties, ensuring fair and reasonable terms for the employees while also considering the financial implications for the NHFB. The agreement proposed specific pay rates, leave entitlements, and other employment conditions. The Commission also considered whether the agreement was consistent with relevant awards and whether it met the criteria for being a simple, clear, and fair agreement as required by the legislation. Additionally, the Commission assessed if the union had genuinely attempted to negotiate in good faith and whether the NHFB had done the same.

Upon review, the Commission determined that the agreement was fair and reasonable, meeting all the statutory requirements. The Commission found that the proposed agreement provided adequate protection for employees while also considering the financial constraints of the NHFB. The agreement was seen to be in line with the relevant awards and the principles of good faith bargaining. Consequently, the Commission approved the National Health Funding Body Enterprise Agreement 2016-19. The final orders confirmed the approval of the agreement, effective from 1 July 2016, and mandated its implementation by both parties.

National Health Funding Body

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established