DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resthaven Incorporated T/A Resthaven
(AG2017/5541)

RESTHAVEN INCORPORATED ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Resthaven Incorporated Allied Health Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven Incorporated Allied Health Employees Enterprise 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 Resthaven Incorporated T/A Resthaven. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Resthaven Incorporated, trading as Resthaven, applied to the Fair Work Commission for the approval of the Resthaven Incorporated Allied Health Employees Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for allied health employees within the organisation, and the application was lodged under the Fair Work Act 2009. The primary concern was whether the agreement met the necessary standards and requirements set out by the Act, including the provisions for minimum wages, penalty rates, and other employment conditions.

The legal issues before the Commission included whether the proposed agreement provided for appropriate minimum rates of pay and penalty rates for the employees, and whether it complied with other relevant legislative and regulatory standards. The Commission had to determine if the agreement met the 'better off overall test', ensuring that no employee would be worse off under the agreement compared to their existing conditions. The Commission also needed to consider if the agreement contained provisions that were contrary to public policy or inconsistent with the overarching objectives of the Fair Work Act.

The Fair Work Commission found that the Resthaven Incorporated Allied Health Employees Enterprise Agreement 2017 was compliant with the Fair Work Act and met all necessary standards. The Commission confirmed that the agreement provided for adequate minimum rates of pay and penalty rates and did not result in any employee being worse off. Furthermore, the Commission determined that the agreement did not contravene any public policy or the objectives of the Act. As a result, the Commission approved the application for the agreement's registration.

Resthaven Incorporated T/A Resthaven

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established