Teachers Federation Health Ltd T/A Teachers Health
[2022] FWCA 1147
•1 APRIL 2022
| [2022] FWCA 1147 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Teachers Federation Health Ltd T/A Teachers Health
(AG2022/783)
TEACHERS FEDERATION HEALTH LTD ENTERPRISE AGREEMENT 2022
| Banking finance and insurance industry | |
| COMMISSIONER P RYAN | SYDNEY, 1 APRIL 2022 |
Application for approval of the Teachers Federation Health Ltd Enterprise Agreement 2022
Teachers Federation Health Ltd (the Employer) has made an application for approval of an enterprise agreement known the Teachers Federation Health Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Notice of employee representational rights (NERR)
The NERR was issued by placing the prescribed content within the body of an email that was sent to all relevant employees, which also included the sender’s email signature block and details. The consequence of this was that the NERR did not comply with s.174(1A) of the Act, as it was not issued in the prescribed form and contained other content.
The Employer provided submissions that these matters constituted minor technical errors.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
Section 190 Undertakings
The Employer 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
Sections 186, 187, 188 and 190
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.
Section 183 Bargaining representative
The United Services Union (USU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2) of the Act, I note that the Agreement covers the USU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 1 January 2023.
COMMISSIONER
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE515556 PR739911>
0
0
0