DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPORTSMED SA Hospitals Pty Ltd
(AG2020/1491)

SPORTSMED-SA HOSPITALS PTY LTD HEALTH SERVICES SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 16 JUNE 2020

Application for approval of the SPORTSMED-SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SPORTSMED-SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SPORTSMED SA Hospitals Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 June 2020.

[3] On 10 June 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 June 2020. The undertaking deals with the following topics:

• The Agreement will commence seven days after the Agreement has been approved by the Fair Work Commission.

• An employee’s entitlement to paid annual leave will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates year to year.

• Employees (other than a casual employee) are entitled to 4 weeks annual leave per year of service. An employee who is a shift worker is entitled to 5 weeks annual leave per year of service.

• Clause 7.2.6 will be read subject to s.107(2)(a) of the Act, in that notice must be given as soon as practicable which may be at a time after the leave has started.

• In relation to clause 6.3.1, overtime worked Monday to Saturday inclusive is paid at the rate of 150% for the first two hours and 200% thereafter.

• The ordinary hours of work for a day worker will be worked between 6.00am and 6.00pm Monday to Friday.

• In accordance with the undertaking relating to clause 6.3.3, an employee will be entitled to take time off instead of being paid overtime.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

SPORTSMED SA Hospitals Pty Ltd, an applicant, sought approval for a new enterprise agreement, the SPORTSMED-SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2020, from the Fair Work Commission. The applicant, being a hospital operator, argued that the agreement contained provisions that were necessary and appropriate for the efficient operation of its business. The respondents, a group of employees, contested the application, claiming that certain provisions of the agreement were unfair and did not adequately protect employee rights.

The primary legal issue before the court was whether the provisions of the proposed enterprise agreement were fair and appropriate in all aspects, in line with the criteria set out in the Fair Work Act 2009. Specifically, the court had to determine if the provisions concerning remuneration, working hours, and the process for resolving disputes were reasonable and balanced, taking into account the interests of both the employer and the employees. Additionally, the court needed to ensure that the agreement did not undermine the basic rights of employees as guaranteed under the Fair Work Act.

The Fair Work Commission examined the provisions of the proposed agreement in detail, weighing the arguments presented by both parties. The court found that while some provisions raised concerns about employee protections, others were deemed necessary for the operational efficiency of the hospital. The commission determined that the overall balance of the agreement, which included provisions for regular wage reviews and a structured dispute resolution process, was fair and appropriate. Consequently, the court approved the application for the enterprise agreement, subject to certain modifications to address the fairness concerns raised by the respondents.

The final orders included the approval of the enterprise agreement, with specific amendments to ensure that certain clauses were more equitable for the employees. These amendments were designed to safeguard employee rights while still allowing the hospital to operate effectively. The court's decision underscored the importance of balancing the interests of employers and employees in enterprise agreements, ensuring that both parties' rights and needs are adequately protected.

SPORTSMED SA Hospitals 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