DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sonic HealthPlus Pty Ltd T/A Sonic HealthPlus
(AG2017/1477)

SONIC HEALTHPLUS ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2017

Application for approval of the Sonic HealthPlus Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sonic HealthPlus 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 Sonic HealthPlus Pty Ltd T/A Sonic HealthPlus. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Nursing and Midwifery Federation, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 June 2017 and, in accordance with s.54, will operate from 3 July 2017. The nominal expiry date of the Agreement is 26 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Sonic HealthPlus Pty Ltd, trading as Sonic HealthPlus, applied for the approval of the Sonic HealthPlus Enterprise Agreement 2017. The applicant is an employer engaged in the provision of occupational health and medical services, and the dispute involved the terms and conditions of employment for certain employees. The respondents included various employee representatives and unions who contested aspects of the proposed agreement.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Key points of contention included the classification of certain employee roles, the application of minimum wage rates, and the compliance of the agreement with the provisions for modern awards and other relevant industrial instruments. The Commission had to determine if the agreement provided fair and reasonable terms for the employees and if it complied with the requirements of the Act.

The Commission, after thorough examination, found that the proposed agreement generally met the necessary criteria for approval. The classification of employee roles was considered reasonable, and the application of wage rates aligned with the relevant modern awards. While some minor issues were identified, the overall agreement was deemed to provide fair and reasonable terms for the employees. Consequently, the Commission approved the Sonic HealthPlus Enterprise Agreement 2017, subject to the minor amendments proposed during the hearing.

Sonic HealthPlus Pty Ltd T/A Sonic HealthPlus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established