Sonic HealthPlus Pty Ltd T/A Sonic HealthPlus

[2014] FWCA 4079

FAIR WORK COMMISSION

DECISION

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

Sonic HealthPlus Pty Ltd T/A Sonic HealthPlus
(AG2014/6338)

SONIC HEALTHPLUS NATIONAL SITE SERVICES AND PROJECTS ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 20 JUNE 2014

Application for approval of the Sonic HealthPlus National Site Services and Projects Enterprise Agreement 2013-2016.

[1] On 6 June 2014, Sonic HealthPlus Pty Ltd made application for approval of a single enterprise agreement to be known as the Sonic HealthPlus National Site Services and Projects Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 29 May 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 27 June 2014.

[6] The nominal expiry date of this Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Sonic HealthPlus Pty Ltd, trading as Sonic HealthPlus, applied to the Fair Work Commission for the approval of their National Site Services and Projects Enterprise Agreement 2013-2016. The application followed negotiations between the company and its employees represented by the Health Industry Miscellaneous Workers Union. The union contested the proposed agreement on behalf of certain employees, raising concerns regarding the fairness and compliance of the terms with relevant employment standards.

The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions, and if it was free from any illegality or contravention of employment standards. A critical issue was whether the agreement adequately covered all employees it sought to bind, and if it ensured a safety net of minimum entitlements for all workers.

In delivering the decision, the Fair Work Commission found that the agreement was fair and reasonable, and did not contravene any provisions of the Act. The Commission emphasised that the agreement provided for adequate protections for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was in compliance with the relevant statutory requirements and was thus approved for operation. The decision was made in the context of the Commission’s obligation to ensure that all employees receive fair and reasonable terms while also facilitating efficient and effective industrial relations practices.

The Fair Work Commission approved the Sonic HealthPlus National Site Services and Projects Enterprise Agreement 2013-2016, recognising its compliance with the Fair Work Act 2009 and its provision of fair and reasonable terms and conditions for the employees involved. The decision confirmed that the agreement met all necessary legal criteria for approval and could be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established