Shop, Distributive and Allied Employees Association-Newcastle and Northern Branch

[2013] FWCA 3061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shop, Distributive and Allied Employees Association-Newcastle and Northern Branch
(AG2013/6359)

CLIFFORD HALLAM HEALTHCARE BERESFIELD ENTERPRISE AGREEMENT 2012

Pharmaceutical industry
COMMISSIONER RIORDAN	SYDNEY, 15 MAY 2013

Agreement approved Application for approval of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe Clifford Hallam Healthcare Beresfield Enterprise Agreement 2012 (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, Newcastle and Northern Branch (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Shop, Distributive and Allied Employees’ Association, Newcastle and Northern Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case are the Shop, Distributive and Allied Employees Association-Newcastle and Northern Branch, as the applicant, and Clifford Hallam Healthcare, as the respondent. The dispute pertains to the approval of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2012. The case was heard by the Fair Work Commission.

The primary legal issue the Court had to address was whether the terms of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2012 met the requirements for approval under the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement provided for a fair and efficient workplace and ensured the rights and obligations of the employees and employers were adequately balanced.

The Court found that the agreement generally provided for a fair and efficient workplace. It concluded that the agreement's terms met the necessary standards for approval under the Fair Work Act 2009. The Court considered various factors, including the overall fairness of the agreement, its compliance with the relevant legislation, and its potential impact on the employees and the employer. The Court ultimately determined that the agreement was fair and efficient, thus warranting approval.

The Court approved the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2012. The agreement now serves as a legally binding contract between the employees and the employer, governing their rights and obligations. This decision ensures that the terms of the agreement are upheld and that the workplace operates under a fair and efficient framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established