DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Sterihealth Pty Ltd T/A Sterihealth Services Limited
(AG2015/2533)

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 19 MAY 2015

Application for variation of the SteriHealth QLD Enterprise Agreement 2014.

[1] An application has been made for a variation of the SteriHealth QLD Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by SteriHealth Services Pty Ltd t/a Sterihealth Services Limited. The Agreement is a single enterprise Agreement.

[2] I am satisfied that each of the requirements of ss. 210 and 211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and a copy of the variation can be found at Annexure A and the consolidated copy of the Agreement, as varied, is attached to this decision.

[4] Pursuant with s.216 of the Act the variation will operate from 19 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the variation of the SteriHealth Queensland Enterprise Agreement 2014, brought before the Fair Work Commission. Sterihealth Pty Ltd, trading as Sterihealth Services Limited, sought to amend the agreement which governs the terms and conditions of employment for its workers. The application was opposed by the Health Services Union of Australia, which represents the employees.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes were fair and reasonable, and if the process for reaching agreement was genuine and in good faith. The Commission also needed to consider the impact of the changes on the employees, including whether the changes would lead to a better outcome for them.

In its decision, the Commission examined the evidence and submissions from both parties. It found that the application for variation was made in good faith and that the process followed was genuine. The Commission noted that the proposed changes aimed to address operational efficiencies and improve working conditions for the employees. After considering the overall fairness and reasonableness of the changes, the Commission concluded that the application met the statutory requirements. Consequently, the Commission approved the variation of the enterprise agreement.

The final orders included the approval of the proposed changes to the SteriHealth Queensland Enterprise Agreement 2014, which would now reflect the new terms and conditions of employment as agreed between the parties.

Sterihealth Pty Ltd T/A Sterihealth Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established