DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2017/2445)

CLIFFORD HALLAM HEALTHCARE BERESFIELD ENTERPRISE AGREEMENT 2017

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COMMISSIONER LEE	MELBOURNE, 28 JULY 2017

Application for approval of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Clifford Hallam Healthcare Beresfield 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 Shop, Distributive and Allied Employees Association. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Shop, Distributive and Allied Employees Association as the applicant seeking approval of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2017. The respondents include Clifford Hallam Healthcare and several employees' representatives. The primary dispute centres on whether the enterprise agreement meets the criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issues before the court included whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it was made in accordance with the relevant provisions of the Fair Work Act. Additionally, the court examined if the agreement contained appropriate dispute resolution processes and if it complied with the requirements for enterprise agreements under the Act.

The Fair Work Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The Commission noted that the agreement included provisions for appropriate dispute resolution processes and met the statutory requirements. The Commission was satisfied that the agreement was made in accordance with the relevant provisions of the Fair Work Act and approved the agreement.

The Fair Work Commission approved the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2017, finding it met all the necessary criteria under the Fair Work Act. The agreement was deemed to be fair, reasonable, and compliant with the statutory requirements. The court's decision provides clarity for both the employer and the employees regarding the terms and conditions set forth in the enterprise agreement.

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