DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Health Alliance Limited T/A Western NSW Primary Health Network
(AG2017/4514)

WESTERN HEALTH ALLIANCE LIMITED ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 22 MARCH 2018

Application for approval of the Western Health Alliance Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Health Alliance Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Health Alliance Limited T/A Western NSW Primary Health Network. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Health Services Union of Australia and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Western Health Alliance Limited T/A Western NSW Primary Health Network brought an application before the Fair Work Commission seeking approval of the Western Health Alliance Limited Enterprise Agreement 2017. The nature of the dispute centred around the terms and conditions of employment set out in the proposed agreement, specifically whether they complied with the Fair Work Act 2009 and the relevant industrial instruments. The application was heard by the Commission, which had the authority to approve, reject or approve with modifications the proposed agreement.

The legal issues before the Commission involved determining if the proposed agreement met the requirements of the Fair Work Act and if it provided for the minimum entitlements of employees as stipulated under the relevant industrial instruments. The Commission had to consider whether the agreement's provisions were consistent with the Act and whether they provided for the minimum terms and conditions of employment, including rates of pay, classification and entitlements such as leave. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it was fair and reasonable in all the circumstances.

In rendering its decision, the Commission considered the submissions made by both parties and reviewed the proposed agreement in light of the applicable legal framework. The Commission found that the proposed agreement generally met the requirements of the Fair Work Act and provided for the minimum entitlements of employees. However, the Commission identified certain provisions that did not fully comply with the Act or the relevant industrial instruments. After considering the evidence and arguments presented, the Commission approved the agreement with modifications to address the identified issues, ensuring that the agreement provided for the minimum terms and conditions of employment and was fair and reasonable.

The final orders of the Commission approved the Western Health Alliance Limited Enterprise Agreement 2017 with the modifications made to certain provisions to ensure compliance with the Fair Work Act and the relevant industrial instruments. The approved agreement would now serve as the basis for the employment terms and conditions of the employees covered by the agreement.

Western Health Alliance Limited T/A Western NSW Primary Health Network

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established