National Union of Workers

[2018] FWCA 1757

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2017/4760)

Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & National Union of Workers Enterprise Agreement 2016

Pharmaceutical industry
Deputy President Masson	MELBOURNE, 26 MARCH 2018

Application for approval of the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & National Union of Workers Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

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.

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.

The National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2018. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the court, the applicants, Clifford Hallam Healthcare Pty Ltd (CHH), sought approval of the 2016 Enterprise Agreement with the National Union of Workers (NUW). The dispute centred around the terms of the agreement, particularly those related to pay rates, working conditions, and procedural fairness during negotiations. The matter was heard by the Fair Work Commission (FWC), an Australian federal independent statutory body.

The legal issues before the court encompassed several key areas. Primarily, the court had to determine whether the agreement met the statutory requirements set forth in the Fair Work Act 2009. This included assessing whether the agreement facilitated, improved, or maintained the efficiency of the workplace and whether the negotiation process was conducted in good faith. Additionally, the court needed to consider whether the agreement adhered to the ‘better off overall test’ which ensures that employees are not worse off financially as a result of the agreement.

The FWC thoroughly examined the negotiation process and the terms of the agreement. It found that the agreement was negotiated in good faith and met the statutory requirements. The court emphasised that the agreement improved the efficiency of the workplace by simplifying the pay system and providing clearer terms for employees. The FWC also concluded that the agreement satisfied the better off overall test, as the majority of employees were not worse off financially. Therefore, the FWC approved the Enterprise Agreement, finding it to be fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established