SteriHealth Services Pty Ltd Summary

[2014] FWCA 5431

FAIR WORK COMMISSION

DECISION

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

SteriHealth Services Pty Ltd
(AG2014/1535)

STERIHEALTH QLD ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER RIORDAN	SYDNEY, 11 AUGUST 2014

Application for approval of the SteriHealth QLD Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SteriHealth QLD Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SteriHealth Services Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 29 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager People and Culture, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

SteriHealth Services Pty Ltd applied to the Fair Work Commission for the approval of the SteriHealth QLD Enterprise Agreement 2014. The applicant sought to have the agreement registered with the Fair Work Commission, as it was necessary for the operation of the business and for the terms and conditions of employment of its employees. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, and that its approval was in the interests of the national system of industrial relations.

The legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether its approval was in the interests of the national system of industrial relations. The court considered the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, as well as relevant case law and the submissions of the parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that its approval was in the interests of the national system of industrial relations.

The court noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The court found that the agreement was fair and reasonable, as it provided for a balance between the interests of the employer and the employees. The court also found that the approval of the agreement was in the interests of the national system of industrial relations, as it would provide for a stable and predictable industrial relations environment for the parties.

The court approved the SteriHealth QLD Enterprise Agreement 2014, and registered it with the Fair Work Commission. The applicant was ordered to take all necessary steps to give effect to the agreement, and the agreement was to be binding on all employees covered by it.

SteriHealth Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established