Summit Health Incorporated t/a Summit Health Incorporated

[2024] FWCA 2606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Summit Health Incorporated t/a Summit Health Incorporated

(AG2024/2169)

SUMMIT HEALTH CONNECTCARE ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 12 JULY 2024

Application for approval of the Summit Health CONNECTcare Allied Health Employees Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Summit Health CONNECTcare Allied Health Employees Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Summit Health Incorporated (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 7.3 of the Agreement provides that the Agreement will be read in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Summit Health Incorporated, trading as Summit Health Incorporated, was the subject of an application for the approval of the Summit Health CONNECTcare Allied Health Employees Enterprise Agreement 2024. The matter was heard in the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement should be certified as compliant with the Fair Work Act 2009 and therefore approved.

The legal issues before the Commission involved scrutiny of the agreement's provisions to ensure they adhered to the statutory requirements for enterprise agreements. Specifically, the Commission needed to determine if the agreement was genuinely a bargain between the employer and the employees, if it contained the necessary minimum terms, and if it complied with the procedural requirements for its making. Additionally, the Commission assessed whether the agreement was in the best interests of the employees it covered.

The Commission carefully reviewed the evidence presented, including submissions from both parties and the nature of the agreement itself. The Commission found that the agreement was the product of genuine bargaining between the parties, contained all the required minimum terms, and complied with the procedural requirements. Furthermore, it was in the best interests of the employees. Consequently, the Commission approved the application for the certification of the enterprise agreement. The final orders included the certification of the agreement as meeting the necessary legal standards and its registration with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established