The Queen Elizabeth Hospital Community Child Care Centre Inc

[2023] FWCA 2432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Queen Elizabeth Hospital Community Child Care Centre Inc

(AG2023/2487)

THE QUEEN ELIZABETH HOSPITAL COMMUNITY CHILD CARE CENTRE ENTERPRISE AGREEMENT 2022

Children's services
COMMISSIONER PLATT	ADELAIDE, 4 AUGUST 2023

Application for approval of The Queen Elizabeth Hospital Community Child Care Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as The Queen Elizabeth Hospital Community Child Care Centre Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Queen Elizabeth Hospital Community Child Care Centre Inc (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 31 July 2023.

As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the inserted model flexibility term is taken to be a term of the Agreement.

The United Workers’ 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of The Queen Elizabeth Hospital Community Child Care Centre Inc, the Fair Work Commission was asked to consider whether to approve the Enterprise Agreement proposed by the applicant. The dispute arose from negotiations between the hospital and its employees, who are represented by the United Voice union. The Commission's task was to determine whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically sections 228 and 230, which mandate that enterprise agreements must be free from prohibited content, address the terms and conditions of employment, and be certified as meeting the "better off overall test". The Commission had to examine whether the proposed agreement contained any prohibited content, if it covered all the necessary terms and conditions, and if it met the "better off overall test".

The Fair Work Commission found that the proposed agreement did not contain any prohibited content and was comprehensive in its coverage of terms and conditions. It also satisfied the "better off overall test". The Commission noted that the agreement provided for a number of improvements for the employees, including increased wages, better leave entitlements, and improved working conditions. The Commission concluded that the agreement was fair and reasonable and met all the legal requirements.

As a result, the Commission approved the Enterprise Agreement 2022. The Commission emphasised the importance of the agreement in ensuring fair and equitable terms and conditions for the employees of the hospital, and it highlighted the collaborative approach taken by both parties in reaching the agreement. The approval of the agreement now allows it to be implemented, providing a framework for the employment relationship between the hospital and its staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established