Summit Health Incorporated T/A Summit Health Incorporated

[2024] FWCA 2291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Summit Health Incorporated T/A Summit Health Incorporated

(AG2024/1954)

SUMMIT HEALTH INCORPORATED ADMINISTRATIVE AND PROJECT EMPLOYEES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 21 JUNE 2024

Application for approval of the Summit Health Incorporated Administrative and Project Employees Enterprise Agreement 2024

Summit Health Incorporated T/A Summit Health Incorporated has applied for approval of an enterprise agreement known as the Summit Health Incorporated Administrative and Project Employees Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 June 2024.
In accordance with Clause 4.1, the nominal expiry date of the Agreement is 20 June 2028.

Variation

Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

I determined to vary the Agreement on my own initiative, following the identification of a formatting error in Clause 15. The Applicant provided an amended copy of the Agreement, with only the amendment to Clause 15.

I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

The Agreement attached to this Decision is the Agreement as varied.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Summit Health Incorporated, trading as Summit Health Incorporated, seeking approval of the Summit Health Incorporated Administrative and Project Employees Enterprise Agreement 2024. The agreement was entered into between the applicant employer and the relevant union, and it sought to govern the terms and conditions of employment for the administrative and project employees within the organisation. The application proceeded on an expedited basis, recognising the urgency and importance of ensuring that the terms of employment for these employees were adequately regulated and recognised.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the mandatory provisions that must be included in an enterprise agreement. The Commission was required to determine whether the agreement provided for minimum rates of pay, entitlements, and other conditions that met or exceeded the national minimum standards. Additionally, the Commission considered whether the agreement was procedurally sound, ensuring that it had been fairly negotiated and that the necessary consultation and notification processes had been followed.

The Fair Work Commission found that the proposed agreement met all the statutory requirements and was procedurally sound. The Commission noted that the agreement provided for minimum rates of pay and entitlements that aligned with, and in some cases exceeded, the national minimum standards. The Commission also confirmed that the agreement had been fairly negotiated, with appropriate consultation processes undertaken. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the Summit Health Incorporated Administrative and Project Employees Enterprise Agreement 2024.

The Fair Work Commission approved the application for the Summit Health Incorporated Administrative and Project Employees Enterprise Agreement 2024. This decision was based on the finding that the agreement complied with the mandatory provisions of the Fair Work Act 2009 and was procedurally sound. The approved agreement will now govern the terms and conditions of employment for the administrative and project employees within Summit Health Incorporated, ensuring that their rights and entitlements are protected and regulated in accordance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established