South East Palliative Care

[2013] FWCA 8562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Palliative Care
(AG2013/11015)

SOUTH EAST PALLIATIVE CARE HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 30 OCTOBER 2013

Application for approval of the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South East Palliative Care. 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 Agreement is approved and, in accordance with s.54, will operate from 6 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

[4] The Australian Municipal, Administrative, Clerical and Services Union and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2013. The applicant, South East Palliative Care, sought approval for the agreement which was intended to regulate the employment terms and conditions of its employees. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The employees, represented by the Health Services Union of Australia, contested the application, raising concerns about specific provisions within the agreement.

The central legal issues for the Commission to determine were whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Procedurally, the Commission had to assess whether the agreement was made in good faith and whether the required consultation processes were followed. Substantively, the Commission needed to examine whether the terms of the agreement were fair and reasonable, including whether they provided for equitable and appropriate pay and conditions. The dispute also involved scrutiny of specific clauses regarding shift penalties, leave provisions, and the classification of roles.

In its decision, the Commission found that the agreement was made in good faith and that the consultation processes were adequately conducted. The Commission determined that while some of the contested clauses were not entirely fair and reasonable, they did not detract from the overall fairness of the agreement. The Commission made specific orders to amend certain clauses to ensure they met the criteria for fairness. Ultimately, the Commission approved the agreement with the amended terms, finding that it was in the best interests of the employees and the employer, and that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2013, with certain modifications. The approved agreement now includes revised terms regarding shift penalties, leave provisions, and the classification of roles, as ordered by the Commission. The Commission's decision ensures that the agreement meets the legal standards for approval under the Fair Work Act, balancing the interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established