DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Palliative Care Ltd T/A South East Palliative Care
(AG2016/3213)

SOUTH EAST PALLIATIVE CARE HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

Application for approval of the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2016 (‘the Agreement’).

[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 2016 (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 Ltd T/A 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 Australian, Municipal, Administrative, Clerical and Services Union and the Health Services Union Victoria 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved South East Palliative Care Limited, trading as South East Palliative Care, and the Australian Nursing and Midwifery Federation. The dispute centred on the approval of the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2016. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues before the Commission included whether the agreement contained all the required terms, if it had been made in good faith, and whether it provided for the mandatory minimum rights and entitlements as stipulated by the Act.

The Commission began its analysis by examining the comprehensiveness of the agreement. It confirmed that the agreement contained all the necessary terms as per the Fair Work Act. The Commission also considered the good faith of the parties in the negotiation and execution of the agreement. The evidence presented indicated that both parties had engaged in genuine bargaining efforts, thus satisfying the good faith requirement. Furthermore, the Commission assessed whether the agreement provided for the mandatory minimum rights and entitlements. It found that the agreement did not disadvantage employees in terms of their wages and conditions, thereby upholding the mandatory minimum standards.

In conclusion, the Fair Work Commission determined that the South East Palliative Care Health Professionals and Support Services Enterprise Agreement 2016 complied with the necessary statutory requirements. The Commission approved the agreement, recognising the efforts of both parties in reaching a fair and balanced outcome. The decision was made in accordance with the legal framework provided by the Fair Work Act 2009.

South East Palliative Care Ltd T/A South East Palliative Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established