DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPORTSMED SA Hospitals Pty Ltd
(AG2019/1676)

SPORTSMED SA HOSPITALS PTY LTD CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2019

Clerical industry
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2019

Application for approval of the SPORTSMED SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SPORTSMED SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPORTSMED SA Hospitals Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note the Employer has erroneously referred to AG2019/1976 in the written undertakings provided; however it is clear the undertakings provided relate to AG2019/1676.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 23 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, SPORTSMED SA Hospitals Pty Ltd, sought approval of the 2019 enterprise agreement for its clerical employees. The respondents, the Australian Council of Trade Unions and the Health Services Union, challenged the agreement, asserting that it was not fairly negotiated and did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, the tribunal tasked with overseeing and regulating workplace relations in Australia.

The central legal issues revolved around whether the enterprise agreement had been genuinely negotiated and whether it contained provisions that were contrary to the Fair Work Act. The respondents argued that certain terms of the agreement were not genuinely negotiated and that the agreement failed to comply with the statutory requirements for enterprise agreements. The applicant, on the other hand, asserted that the agreement was the result of genuine negotiation and complied with all legal standards.

The Fair Work Commission examined the evidence provided by both parties and assessed the process through which the agreement was negotiated. The Commission determined that the agreement was indeed the result of genuine negotiation and that it complied with the statutory requirements. The Commission found that the applicant had satisfied its burden of proof and approved the enterprise agreement. The Commission rejected the respondents' claims and dismissed their challenge.

In its decision, the Fair Work Commission approved the SPORTSMED SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2019. The Commission found that the agreement was fairly negotiated and met all the legal requirements set out in the Fair Work Act. The Commission also noted that the agreement contained provisions that were fair and reasonable, taking into account the needs and interests of both parties. The respondents' challenge was dismissed, and the agreement was approved.

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