DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tweddle Child & Family Health Service
(AG2018/2117)

TWEDDLE CHILD AND FAMILY HEALTH SERVICE (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Tweddle Child and Family Health Service (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Tweddle Child and Family Health Service (Health and Allied Services, Managers and Administrative Officers) 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 Tweddle Child & Family Health Service. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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. 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.

[4] The Health Services Union of Australia 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.

[5] The Agreement was approved on 1 November 2018 and, in accordance with s.54, will operate from 8 November 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Tweddle Child & Family Health Service, represented by the Fair Work Commission (FWC), and various unions. The dispute centred on the approval of the Tweddle Child and Family Health Service (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2017-2020. The FWC was tasked with determining whether this agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the FWC involved assessing whether the agreement contained appropriate provisions for employee entitlements, conditions of employment, and dispute resolution mechanisms. Additionally, the FWC had to consider whether the agreement adhered to the principles of good faith bargaining and whether it was in the best interest of the employees and the employer.

In reaching its decision, the FWC carefully examined the provisions of the enterprise agreement and considered submissions from both the employer and the unions. The FWC found that the agreement was fair and reasonable, containing adequate provisions for employee entitlements, conditions of employment, and dispute resolution. The FWC also concluded that the agreement was the result of good faith bargaining and was in the best interest of both the employees and the employer.

The FWC approved the Tweddle Child and Family Health Service (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2017-2020. This decision was made based on the comprehensive analysis of the agreement's provisions and the evidence presented by the parties involved.

Tweddle Child & Family Health Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established