DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sphere Healthcare Pty Ltd
(AG2016/3631)

SPHERE HEALTHCARE PTY LIMITED ENTERPRISE AGREEMENT 2016 - 2017

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Sphere Healthcare Pty Limited Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sphere Healthcare Pty Limited Enterprise Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sphere Healthcare Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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.

[6] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 26 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Sphere Healthcare Pty Ltd sought approval of an enterprise agreement covering the period from 2016 to 2017. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the statutory criteria for approval. The agreement, if approved, would apply to certain employees of Sphere Healthcare, including those working within the healthcare sector.

The primary legal issue before the Commission was whether the enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement contained the necessary provisions and adhered to the requirements for proper negotiation, disclosure, and the avoidance of undue influence. The Commission also needed to ensure that the agreement was not contrary to public policy or detrimental to the employees' interests.

In evaluating the application, the Commission reviewed the negotiation process, the content of the proposed agreement, and the submissions from the parties involved. The Commission found that the agreement had been negotiated in good faith and contained all the necessary provisions as required by the Fair Work Act. The Commission was satisfied that the agreement did not contravene public policy or cause detriment to the employees. Consequently, the Commission approved the enterprise agreement, noting the benefits it would bring to the employees in terms of wages, conditions, and overall workplace relations.

The Fair Work Commission approved the Sphere Healthcare Pty Limited Enterprise Agreement 2016-2017, confirming its compliance with the statutory requirements. The agreement was set to provide improved terms and conditions for the employees, reflecting the outcomes of fair and transparent negotiations.

Sphere Healthcare Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established