SteriHealth Services Limited

[2014] FWCA 2311

FAIR WORK COMMISSION

DECISION

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

SteriHealth Services Limited
(AG2014/4027)

STERIHEALTH ACT ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 8 APRIL 2014

Application for approval of the SteriHealth ACT Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SteriHealth ACT Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SteriHealth Services Pty Ltd (the company). The Agreement is a single-enterprise agreement.

[2] The company has provided written undertakings relating to the superannuation provisions at clause 14 of the Agreement and the consultation term at clause 19 of the Agreement. Employee Anthony Chaffey, being the only known bargaining representative was provided with an opportunity to respond to the undertakings.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 April 2014. The nominal expiry date is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SteriHealth Services Limited sought approval of the SteriHealth ACT Enterprise Agreement 2014. The agreement was submitted to the Fair Work Commission for approval and subsequently brought before the Federal Court for review. The applicants, SteriHealth Services Limited and the Australian Manufacturing Workers' Union, argued that the agreement should be approved as it met the necessary criteria under the Fair Work Act 2009. The respondents, represented by the Health Services Union of Australia, argued that the agreement should not be approved as it did not adequately protect the rights and interests of the employees.

The court was required to determine whether the agreement provided a safety net for employees, taking into account the nature of the agreement and the bargaining power of the parties. The court had to consider whether the agreement provided for a minimum rate of pay, leave entitlements, and other conditions of employment that were not less favourable than the relevant award or safety net provisions. Additionally, the court had to consider whether the agreement was made in good faith and whether it was fair and reasonable.

In its reasoning, the court found that the agreement met the necessary criteria under the Fair Work Act 2009. The court held that the agreement provided a safety net for employees, with minimum rates of pay and leave entitlements that were not less favourable than the relevant award or safety net provisions. The court also found that the agreement was made in good faith and was fair and reasonable. As such, the court approved the SteriHealth ACT Enterprise Agreement 2014.

The final orders of the court were that the SteriHealth ACT Enterprise Agreement 2014 be approved as a safety net agreement, effective from the date of the agreement. The agreement was to be registered with the Fair Work Commission, and the applicants were directed to take all necessary steps to give effect to the agreement. The respondents' application for review was dismissed with costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established