DECISION

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

Sportsmed SA Hospitals Pty Ltd
(AG2014/10131)

SPORTSMED SA HOSPITALS PTY LTD HEALTH SERVICES SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 19 DECEMBER 2014

Application for approval of the Sportsmed SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2014.

[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 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 26 December 2014. The nominal expiry date of the Agreement is 18 December 2017.

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Sportsmed SA Hospitals Pty Ltd, sought approval of the Health Services Support Employees Enterprise Agreement 2014. The applicant argued that the agreement was made in good faith and provided for the terms and conditions of employment of its support staff. The dispute arose when the respondents, who were the employees, contested the approval of the agreement on the grounds that it did not adequately protect their interests and did not comply with certain provisions of the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement was made in good faith and met the requirements of the Fair Work Act. The commission had to consider whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable, and whether it complied with the provisions of the Act, including the requirement that it be made without undue interference from employers or employees. The commission also had to consider whether the agreement provided for the protection of employees' interests, including their right to fair and reasonable terms and conditions of employment.

After considering the evidence and submissions from both parties, the commission found that the agreement was made in good faith and met the requirements of the Fair Work Act. The commission determined that the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and that it complied with the provisions of the Act. The commission also found that the agreement provided for the protection of employees' interests, including their right to fair and reasonable terms and conditions of employment. The commission approved the agreement, subject to certain modifications to address the respondents' concerns.

The final orders of the commission were that the Health Services Support Employees Enterprise Agreement 2014 be approved, subject to modifications to the agreement to address the respondents' concerns. The commission also ordered that the applicant take certain steps to ensure that the agreement was properly communicated to its employees and that any disputes arising from the agreement were resolved in a fair and reasonable manner.

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