DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teachers Federation Health Ltd T/A Teachers Health
(AG2017/6671)

TEACHERS FEDERATION HEALTH LTD ENTERPRISE AGREEMENT 2017-2020

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2018

Application for approval of the Teachers Federation Health Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Teachers Federation Health Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Teachers Federation Health Ltd T/A Teachers Health. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and 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 it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Teachers Federation Health Ltd, trading as Teachers Health, and the Australian Education Union Health Sector Branch. The dispute was heard by the Fair Work Commission. The issue before the Commission was to determine whether the Enterprise Agreement proposed by Teachers Health for the period 2017 to 2020 should be approved and registered under the Fair Work Act 2009. This involved assessing if the agreement met the criteria for being a single, indivisible enterprise agreement and if it contained the necessary good faith provisions.

The Commission examined the provisions of the proposed agreement, considering whether they provided for a single, indivisible enterprise agreement. It was established that the agreement covered all employees within the enterprise and was consistent in terms and conditions across the board. The Commission also assessed the good faith provisions within the agreement, ensuring that they were adequate to facilitate a cooperative working environment. The Commission found that the agreement contained sufficient good faith provisions and was a single, indivisible enterprise agreement. Consequently, the Commission approved the application and registered the Enterprise Agreement 2017-2020.

The decision was made in accordance with the Fair Work Act 2009, and the agreement was approved and registered. This registration is effective from the date of the decision and will govern the employment conditions of the employees covered by the agreement until its expiry. The decision reflects the Commission's role in ensuring that enterprise agreements are fair, reasonable, and meet the statutory requirements.

Teachers Federation Health Ltd T/A Teachers Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established