Teachers Federation Health Ltd T/A Teachers Health

[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

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) concerned the approval of the Teachers Federation Health Ltd Enterprise Agreement 2022. The parties involved were the applicant, Teachers Federation Health Ltd trading as Teachers Health, and the respondent, the Health Services Union of Australia (HSU). The dispute centred on whether the proposed enterprise agreement should be approved under the Fair Work Act 2009, considering the specific requirements and criteria for such approval. The FWC was tasked with determining whether the agreement met the necessary conditions for endorsement, particularly in relation to its compliance with the "better off overall test" and other relevant statutory provisions.

The central legal issues addressed by the FWC included whether the proposed agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and if it met the statutory requirements for approval. This involved assessing whether the agreement satisfied the "better off overall test," ensuring that employees were not worse off financially under the new agreement. The FWC also needed to consider whether the agreement included all mandatory terms and conditions and if it adhered to other legislative requirements, such as those concerning employee protections and entitlements.

In its decision, the FWC found that the proposed enterprise agreement met the necessary criteria for approval. The Commission concluded that the agreement was fair and reasonable, providing for terms and conditions that were not detrimental to the employees. The FWC determined that the "better off overall test" was satisfied, and the agreement included all mandatory terms and conditions as required by law. The FWC also noted that the agreement was in compliance with other statutory provisions, and thus approved the Teachers Federation Health Ltd Enterprise Agreement 2022. The final orders included the approval of the agreement, effective from the date specified within the agreement documentation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established