DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2016/4832)

CLIFFORD HALLAM HEALTHCARE BERESFIELD ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shop, Distributive and Allied Employees Association. The Agreement is a single enterprise agreement.

[2] The employer 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Shop, Distributive and Allied Employees Association 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 21 September 2016. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were the Shop, Distributive and Allied Employees Association (SDA) and the Clifford Hallam Healthcare Group. The dispute centred on the application for approval of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2015. The matter was heard in the Fair Work Commission.

The primary legal issues the court needed to address were whether the agreement was genuinely a bargain between the parties and whether it contained provisions that were fair and reasonable. Additionally, the court had to determine if the agreement met the statutory requirements under the Fair Work Act 2009.

The court carefully reviewed the terms of the agreement, taking into account the nature of the bargaining process and the fairness of the provisions. The court found that the agreement was genuinely a bargain between the parties and that it contained fair and reasonable terms. The court also concluded that the agreement met all statutory requirements. As a result, the application for approval was granted.

The Fair Work Commission ordered that the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2015 be approved. This decision recognised the agreement as a valid and fair arrangement between the employer and the employees represented by the SDA.

Shop, Distributive and Allied Employees Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established