DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPORTSMED SA Hospitals Pty Ltd
(AG2018/987)

SPORTSMED SA HOSPITALS PTY LTD HEALTH SERVICES SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JUNE 2018

Application for approval of the SPORTSMED SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2017.

[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 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SPORTSMED SA Hospitals Pty Ltd applied to the Fair Work Commission for approval of a health services support employees enterprise agreement. The applicants were a group of employers and the Health Services Union of Australia. The respondents were the union and a group of employees. The dispute arose from a proposed agreement that would cover health services support employees at the applicant’s facilities. The application was heard in the Fair Work Commission.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with the good faith bargaining provisions. The Commission had to determine if the agreement provided for the employees’ pay and conditions in a manner that was fair and reasonable. The Commission also had to assess whether the agreement was made in good faith, without any undue influence or coercion.

The Fair Work Commission found that the proposed agreement was fair and reasonable and met all the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for the employees’ pay and conditions in a manner that was fair and reasonable. The Commission also found that the agreement was made in good faith, without any undue influence or coercion. The Commission approved the proposed agreement, subject to certain conditions and amendments.

The Fair Work Commission made an order approving the SPORTSMED SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2017, subject to certain conditions and amendments. The order also required the applicant to provide a copy of the approved agreement to the Commission within 28 days of the decision. The Commission also ordered that the agreement be registered with the Australian Industrial Relations Commission.

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