Sterihealth Services Pty Ltd Summary

[2014] FWCA 2309

FAIR WORK COMMISSION

DECISION

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

Sterihealth Services Pty Ltd
(AG2014/4090)

STERIHEALTH DANDENONG ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 8 APRIL 2014

Application for approval of the SteriHealth Dandenong Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SteriHealth Dandenong 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. The four Employee Bargaining Representatives listed in the Employer’s Form F16 were 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 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sterihealth Services Pty Ltd applied to the Fair Work Commission for approval of the SteriHealth Dandenong Enterprise Agreement 2014. The dispute arose as the company sought to implement the agreement, which outlined the terms and conditions of employment for its workers at the Dandenong site. The applicants, Sterihealth Services Pty Ltd, argued that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act 2009. The respondents, represented by the Health Services Union of Australia, contended that the agreement failed to meet several legal standards, including the requirement for the agreement to be free from coercion and undue influence, and to provide for a fair rate of pay.

The primary legal issue before the Fair Work Commission was whether the SteriHealth Dandenong Enterprise Agreement 2014 complied with the relevant statutory provisions. The court had to assess whether the agreement was made in good faith, free from coercion and undue influence, and if it provided for a fair rate of pay and conditions. The commission also needed to consider whether the agreement met the procedural fairness requirements, including adequate consultation and disclosure of information to the relevant parties. Additionally, the commission had to determine whether the agreement provided for a fair and reasonable outcome for both the employer and the employees.

In its decision, the Fair Work Commission found that the SteriHealth Dandenong Enterprise Agreement 2014 was generally fair and reasonable. The commission was satisfied that the agreement was made in good faith and was free from coercion and undue influence. The commission noted that the agreement provided for a fair rate of pay and conditions, taking into account the nature of the work and the interests of both the employer and the employees. The commission also found that the procedural fairness requirements were met, with adequate consultation and disclosure of information to the relevant parties. As a result, the Fair Work Commission approved the SteriHealth Dandenong Enterprise Agreement 2014, allowing it to be implemented as the governing agreement for the employees at the Dandenong site.

The final orders of the Fair Work Commission were that the SteriHealth Dandenong Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement would then be in effect for the employees covered by the agreement, governing their terms and conditions of employment. The commission also ordered that the agreement be published on the Fair Work Ombudsman's website, making it available to the public and ensuring transparency in the employment relationship. The decision provided clarity for the parties involved and established a legally binding agreement for the employees at the Dandenong site.

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