DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Medical Service Aboriginal Corporation
(AG2019/3328)

SOUTH COAST MEDICAL SERVICE ABORIGINAL CORPORATION ENTERPRISE AGREEMENT - 2019-2022

Children’s services
COMMISSIONER WILLIAMS	PERTH, 22 OCTOBER 2019

Application for approval of the South Coast Medical Service Aboriginal Corporation Enterprise Agreement - 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the South Coast Medical Service Aboriginal Corporation Enterprise Agreement - 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Coast Medical Service Aboriginal Corporation. The Agreement is a single enterprise agreement.

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

[3] The Health Services Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2019. The nominal expiry date of the Agreement is 29 October 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, South Coast Medical Service Aboriginal Corporation applied for the approval of the Enterprise Agreement for the period 2019-2022. The dispute concerned the terms and conditions of employment for the employees of the corporation, specifically those related to remuneration, leave entitlements, and other workplace conditions. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed Enterprise Agreement was "better off overall" for the employees it covered. The Commission needed to assess if the agreement provided a net benefit to the employees, taking into account all the terms and conditions, including any detriments. This involved a comparison of the proposed agreement with the applicable award or safety net provisions to ensure that employees were not disadvantaged financially or otherwise by the terms of the agreement. Additionally, the Commission considered whether the agreement was consistent with the principles of procedural fairness and good faith bargaining.

The Fair Work Commission found that the proposed agreement was, indeed, better off overall for the employees. The Commission noted the inclusion of various benefits such as increased pay rates, additional leave provisions, and other improvements in workplace conditions. The Commission was satisfied that the agreement provided a net benefit to the employees and was consistent with the principles of procedural fairness and good faith bargaining. As such, the Commission approved the Enterprise Agreement for the specified period.

The Fair Work Commission approved the Enterprise Agreement, setting out the terms and conditions of employment for the employees of the South Coast Medical Service Aboriginal Corporation for the period 2019-2022. The approved agreement is now legally binding on the parties and will govern the employment relationship during the specified period.

South Coast Medical Service Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established