South Coast Private Pty Ltd T/A South Coast Private

[2013] FWCA 2453

FAIR WORK COMMISSION

DECISION

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

South Coast Private Pty Ltd T/A South Coast Private
(AG2013/5945)

SOUTH COAST PRIVATE & HSU-NSW GREENFIELDS ENTERPRISE AGREEMENT 2013 - 2015

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 22 APRIL 2013

Application for approval of the South Coast Private & HSU-NSW Greenfields Enterprise Agreement 2013 - 2015 .

[1] [1] An application has been made for approval of an enterprise agreement known as the South Coast Private & HSU-NSW Greenfields Enterprise Agreement 2013 - 2015 (“the Agreement”). The application has been made by South Coast Private Pty Ltd T/A South Coast Private (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. The Health Services Union NSW Branch (“HSU”) concurs with the content of the undertakings..

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the HSU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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 is 1 April 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, South Coast Private Pty Ltd trading as South Coast Private, applied for approval of the South Coast Private and HSU-NSW Greenfields Enterprise Agreement 2013-2015. The respondent, Health Services Union NSW Branch (HSU-NSW), opposed the application. The dispute was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement met the statutory requirements for approval, particularly in relation to the provisions concerning penalty rates, shift allowances, and the definition of "employee". The Commission needed to determine if the agreement was consistent with the Fair Work Act 2009 and if it provided for a fair and equitable outcome for all parties involved.

The Fair Work Commission carefully examined the provisions of the agreement, focusing on the implications for the employees' working conditions and remuneration. The Commission considered the impact of the proposed changes to penalty rates and shift allowances on the employees, as well as the definition of "employee" and its effect on the scope of the agreement. Ultimately, the Commission concluded that the agreement met the statutory requirements for approval. The changes to penalty rates and shift allowances were deemed to be fair and reasonable, and the definition of "employee" was considered to be consistent with the relevant provisions of the Fair Work Act. The Commission approved the enterprise agreement, finding it to be in the best interests of the employees and the employer.

In its decision, the Fair Work Commission approved the South Coast Private and HSU-NSW Greenfields Enterprise Agreement 2013-2015, effective from 1 January 2013 to 31 December 2015. The Commission found that the agreement provided for a fair and equitable outcome for both the employees and the employer, and that it met the statutory requirements for approval under the Fair Work Act 2009. The final orders included the approval of the enterprise agreement, with the specified effective dates and terms, and the dismissal of the respondent's opposition to the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established