Sphere Healthcare Pty Ltd

[2014] FWCA 5718

[2014] FWCA 5718

FAIR WORK COMMISSION

DECISION

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

Sphere Healthcare Pty Ltd
(AG2014/6853)

SPHERE HEALTHCARE PTY LIMITED ENTERPRISE AGREEMENT 2014 - 2015

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 AUGUST 2014

Application for approval of the Sphere Healthcare Pty Limited Enterprise Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sphere Healthcare Pty Limited Enterprise Agreement 2014 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] The matter was the subject of a hearing in Sydney on Monday, 11 August 2014.

[4] Mr V. Falconer, of the Australian Workers’ Union (AWU) submitted that the Agreement did not satisfy the Better Off Overall Test (BOOT).

[5] Mr G. Boyce, of counsel on behalf of Sphere Healthcare Pty Ltd, tendered an analysis of total wages paid to employees under the Agreement compared to the Pharmaceutical Industry Award [MA000069] (Exhibit B1). A number of other issues arising from the analysis of the Agreement undertaken by my chambers were also clarified.

[6] Undertakings were agreed to at the hearing which were subsequently sent formally to my chambers.

[7] I am satisfied, given the contents of Exhibit B1 and the undertakings given that the Agreement satisfies the BOOT.

[8] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[9] The Fair Work Commission notes and accepts the undertakings provided by the employer and they are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision as Annexure A.

[10] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[11] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[12] The Agreement is approved. In accordance with s.54(1) it will operate from 27 August 2014. The nominal expiry date of the Agreement is 27 August 2015.

DEPUTY PRESIDENT

Annexure A

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