Southernex Pty Ltd

[2013] FWCA 7901

The attached decision with the above code replaces the document previously issued.

Correction made to paragraph numbering.

Jenny Hannay
Associate to Commissioner Simpson

Dated 16 October 2012

[2013] FWCA 7901

FAIR WORK COMMISSION

DECISION

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

Southernex Pty Ltd
(AG2013/9516)

SOUTHERNEX HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 15 OCTOBER 2013

Application for approval of the Southernex Health Professionals Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Southernex Health Professionals 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 Southernex Pty Ltd. 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 United Voice, 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 October 2013. The nominal expiry date of the Agreement is 2 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southernex Pty Ltd was before the Fair Work Commission, where the applicant sought approval of an enterprise agreement that had been negotiated with a union representing its employees. The union had certified the agreement as suitable for employee approval, and the applicant sought a formal approval of the agreement. The dispute involved the terms and conditions of employment, including wages, working hours, and other employment-related matters, as outlined in the proposed agreement.

The central legal issues before the commission were whether the agreement complied with the requirements of the Fair Work Act 2009, and if the process of reaching the agreement was fair and appropriate. This involved scrutiny of whether the union had genuinely negotiated the agreement in good faith, and whether the agreement itself met the criteria for being a "better off overall test" that ensures employees are not worse off financially under the new agreement.

The commission examined the negotiation process, the contents of the agreement, and its impact on employees. It concluded that the union had genuinely negotiated the agreement in good faith and that the agreement itself met the statutory requirements. The commission found that the agreement was fair and appropriate, and it passed the better off overall test. Consequently, the commission approved the Southernex Health Professionals Enterprise Agreement 2013, recognising it as a valid and enforceable agreement between the applicant and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established