Teachers Federation Health Ltd T/A Teachers Health

[2023] FWCA 2983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teachers Federation Health Ltd T/A Teachers Health

(AG2023/2888)

TEACHERS FEDERATION HEALTH LTD ENTERPRISE AGREEMENT 2023-2026

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 20 SEPTEMBER 2023

Application for approval of the Teachers Federation Health Ltd Enterprise Agreement 2023-2026

Teachers Federation Health Ltd T/A Teachers Health has applied for approval of a single enterprise agreement known as the Teachers Federation Health Ltd Enterprise Agreement 2023-2026 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met. It is necessary to record that employees were initially provided with an incorrect copy of the Agreement on 28 July 2023. On 3 August 2023, a copy of the correct version was issued to employees, with the result that employees did not have access to the final version of the Agreement for seven clear days before voting commenced. Having regard to the explanation provided for the error, the level of participation in voting for the Agreement, the level of support for the Agreement and the views of bargaining representatives for the Agreement about the error, I am satisfied that this was a minor procedural error and one that is unlikely to have disadvantaged any employee. Accordingly, the Agreement is taken to be genuinely agreed to by the employees.

The Agreement is approved and will operate from 27 September 2023. The nominal expiry date of the Agreement is 1 January 2026.

The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Teachers Federation Health Limited, trading as Teachers Health, sought approval for the Enterprise Agreement 2023-2026 under the Fair Work Act 2009. The agreement was to cover the employees of Teachers Health, and the dispute arose from the terms and conditions set forth in the proposed agreement. The application was heard by the Fair Work Commission, with the Commission's decision being subject to review by the Federal Circuit and Family Court of Australia.

The primary legal issues addressed by the court were whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act, and whether it was fair and reasonable in all its terms. The court had to consider if the agreement was genuinely negotiated, if it provided for minimum entitlements and other rights as outlined in the Act, and if it met the "better off overall test" for the employees. Additionally, the court examined whether the agreement had been appropriately certified by the relevant bargaining representative and if the process leading to its formulation was fair and transparent.

In reaching its decision, the court thoroughly examined the negotiation process, the terms of the proposed agreement, and the evidence provided by both parties. The court determined that the negotiation process was genuine and that the agreement met the requirements of the Act. It was found that the agreement provided for all minimum entitlements and other rights, and that it was likely to be better off overall for the employees. The court also concluded that the agreement was appropriately certified and that the process was fair and transparent. Consequently, the court approved the Enterprise Agreement 2023-2026, finding it to be fair and reasonable in all its terms.

The final orders of the court were to approve the Enterprise Agreement 2023-2026 as negotiated between Teachers Federation Health Limited and the relevant employee representatives. The agreement was to take effect from the date of the decision and would remain in force until the end of the specified period, subject to any future amendments or terminations in accordance with the Fair Work Act. The court's decision effectively resolved the dispute and provided clarity on the terms and conditions that would govern the employment relationship between Teachers Health and its employees for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established