DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SteriHealth Pty Ltd T/A SteriHealth Services Pty Ltd
(AG2016/2274)

STERIHEALTH VICTORIAN ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 8 APRIL 2016

Application for approval of the SteriHealth Victorian Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SteriHealth Victorian Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SteriHealth Pty Ltd T/A SteriHealth Services 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, SteriHealth Pty Ltd trading as SteriHealth Services Pty Ltd, sought approval of the SteriHealth Victorian Enterprise Agreement 2015 in the Fair Work Commission. The applicant company is an employer of nurses and support staff, and the dispute involved the terms and conditions of employment of its workers. The applicants contended that the proposed agreement was fair and appropriate for the workforce and complied with all relevant legislative provisions.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees and whether it contained the minimum entitlements prescribed by the relevant awards and safety nets. Additionally, the Commission assessed whether the agreement provided for proper consultation processes and if it adequately protected the rights and interests of the employees.

In its decision, the Fair Work Commission found that the proposed agreement was fair and met the necessary legislative standards. The Commission noted that the agreement provided for appropriate consultation mechanisms and contained terms and conditions that were in the best interests of the employees. Furthermore, the Commission was satisfied that the agreement complied with the minimum entitlements under the relevant awards and safety nets. Consequently, the Commission approved the SteriHealth Victorian Enterprise Agreement 2015.

The Fair Work Commission ordered the approval of the SteriHealth Victorian Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement.

SteriHealth Pty Ltd T/A SteriHealth Services 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