Sportsmed SA Hospitals Pty Ltd

[2014] FWCA 1680

FAIR WORK COMMISSION

DECISION

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

Sportsmed SA Hospitals Pty Ltd
(AG2014/3909)

SPORTSMED SA HOSPITALS PTY LTD CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 12 MARCH 2014

Application for approval of the SPORTSMED SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SPORTSMED SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SPORTSMED SA Hospitals Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to the long service provisions in clause 7.5 of the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be terms of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 March 2014. The nominal expiry date is three years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sportsmed SA Hospitals Pty Ltd sought approval of the Sportsmed SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2014. The applicant argued the agreement was fit for purpose and met the requirements of the Fair Work Act 2009. The respondent, who was represented by the Australian Education Union, contended that the agreement did not adequately protect employees and was therefore not in compliance with the Act.

The central issue before the court was whether the agreement complied with the Act, particularly with regard to the provisions concerning pay rates, overtime, and leave entitlements. The court was required to examine whether the agreement met the procedural requirements set out in the Act and whether it provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The court found that the agreement was procedurally sound and contained provisions that were fair and reasonable. It determined that the pay rates, overtime, and leave entitlements were consistent with industry standards and provided adequate protection for the employees. The court concluded that the agreement met the requirements of the Act and approved the agreement for registration. The court noted that the agreement contained provisions for future bargaining and dispute resolution, which demonstrated a commitment to ongoing negotiation and fair treatment of employees. The court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations.

The final order of the court was that the Sportsmed SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2014 be approved for registration under section 232 of the Fair Work Act 2009. The court noted that the agreement would be subject to future bargaining and dispute resolution processes, as outlined in the agreement itself. The court's approval of the agreement was seen as an important step in promoting fair and reasonable terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established