DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SteriHealth Services Pty Ltd
(AG2015/4604)

STERIHEALTH NSW ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 7 SEPTEMBER 2015

Application for approval of the SteriHealth NSW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SteriHealth NSW Enterprise Agreement 2015 (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] On 3 September 2015 an undertaking was provided by the Company in relation to clause 19 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date is 11 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of SteriHealth Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the SteriHealth NSW Enterprise Agreement 2015. The applicant, SteriHealth Services Pty Ltd, sought to have the agreement recognised and enforced as a lawful enterprise agreement. The dispute centred around the procedural fairness and the fairness of the agreement's terms, particularly in relation to the classification and pay rates of certain employees. The respondents, represented by the Health Services Union of Australia, argued that the process leading to the agreement was flawed and that some of the agreement's terms were not fair.

The legal issues before the court involved whether the enterprise agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether the agreement contained terms that were fair and reasonable. The court had to consider the procedural fairness of the process by which the agreement was made, including whether there was adequate consultation and whether the agreement was made in good faith. Additionally, the court examined the substantive fairness of the agreement's terms, including the classification and remuneration provisions, to ensure they were fair and reasonable in all aspects.

The court found that the agreement was made in accordance with the procedural requirements of the Act, with adequate consultation and good faith efforts to reach an agreement. The court also determined that the agreement's terms were fair and reasonable, taking into account the evidence presented by both parties. The court noted that the agreement provided for fair and equitable classification and pay rates for employees, and that the process leading to the agreement was robust and transparent. Consequently, the court approved the SteriHealth NSW Enterprise Agreement 2015, recognising it as a lawful enterprise agreement.

The final orders of the court included the approval of the SteriHealth NSW Enterprise Agreement 2015, which would now be enforceable under the Fair Work Act. The agreement would apply to all employees covered by the agreement, and the parties were directed to implement the terms of the agreement in accordance with the Act. The court's decision affirmed the validity of the agreement and resolved the dispute between the parties, providing clarity and certainty for future industrial relations matters within the enterprise.

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