Sunraysia Community Health Services Ltd Summary

[2014] FWCA 2061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunraysia Community Health Services Ltd
(AG2014/3763)

SUNRAYSIA COMMUNITY HEALTH SERVICES LTD HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 2 APRIL 2014

Application for approval of the Sunraysia Community Health Services Ltd Health Professionals Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Sunraysia Community Health Services Ltd Health Professionals Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunraysia Community Health Services Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The model consultation term is marked as Annexure A and is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 April 2014. The nominal expiry date of the Agreement is 31 December 2015.

[5] The Health Services Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sunraysia Community Health Services Ltd sought approval of the Health Professionals Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission. The agreement was opposed by the Australian Health Services Union, who represented some of the employees, on the basis that it did not meet the requirements of section 231 of the Fair Work Act 2009. The union argued that the agreement did not appropriately address the need for appropriate mechanisms to facilitate resolution of disputes and that it failed to ensure fair and reasonable terms and conditions of employment.

The central issue before the Commission was whether the agreement met the statutory requirements for approval. Specifically, the Commission needed to determine if the agreement provided for adequate dispute resolution mechanisms and if it contained fair and reasonable terms and conditions of employment. The union contended that the agreement was deficient in these areas, while Sunraysia Community Health Services Ltd argued that the agreement was compliant with the Act.

The Commission found that the agreement did not adequately address dispute resolution mechanisms, as required by section 231(2)(a) of the Act. The Commission was concerned that the agreement did not provide for an effective process to resolve disputes between the employer and employees. Additionally, the Commission found that the agreement failed to ensure fair and reasonable terms and conditions of employment, as required by section 231(2)(b) of the Act. The Commission concluded that the agreement did not provide for adequate protections for employees in relation to their terms and conditions of employment.

Consequently, the Fair Work Commission refused to approve the agreement. The Commission determined that the deficiencies in the agreement meant that it did not meet the statutory requirements for approval under the Fair Work Act 2009. As a result, the agreement was not approved, and the dispute between the parties remained unresolved.

Sunraysia Community Health Services Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established