DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPORTSMED SA Hospitals Pty Ltd
(AG2017/1958)

SPORTSMED.SA HOSPITALS PTY LTD CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 JUNE 2017

Application for approval of the SPORTSMED.SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SPORTSMED.SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2017. 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 Applicant 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 30 June 2017. The nominal expiry date of the Agreement is 23 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of the SPORTSMED.SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2017. The applicant, SPORTSMED SA Hospitals Pty Ltd, sought to have the agreement certified as a lawful agreement under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for clerical employees, focusing on whether the agreement met the statutory requirements for approval.

The primary legal issues before the court were whether the agreement provided for a fair and reasonable method of determining the wages of employees, whether it provided for a fair and reasonable method of determining the terms and conditions of employment, and whether the agreement was consistent with the national system of industrial relations. The court also examined whether the agreement had been made in good faith and whether it complied with the requirements for green fields agreements.

The Fair Work Commission found that the agreement provided for fair and reasonable methods of determining wages and terms and conditions of employment, and was consistent with the national system of industrial relations. The court noted that the agreement had been made in good faith and met all statutory requirements. The Commission approved the agreement, highlighting its alignment with the objectives of the Fair Work Act and the broader industrial relations framework.

The final orders of the court approved the SPORTSMED.SA Hospitals Pty Ltd Clerical Employees Enterprise Agreement 2017, confirming its validity and enforceability under the Fair Work Act. The agreement was certified as a lawful agreement, effective from the date of the decision, subject to the terms and conditions set out within it.

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