Women's Health Care Incorporated T/A Women's Health and Family Services Summary

[2013] FWCA 8241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Women's Health Care Incorporated T/A Women's Health and Family Services
(AG2013/10782)

WOMEN'S HEALTH & FAMILY SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 22 OCTOBER 2013

Application for approval of the Women's Health & Family Services Enterprise Agreement 2013.

[1] On 8 October 2013, Women’s Health Care Incorporate T/A Women’s Health and Family Services made application for approval of a single enterprise agreement to be known as the Women's Health & Family Services Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 27 September 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 October 2013. The nominal expiry date of this Agreement is 28 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved Women's Health Care Incorporated, trading as Women's Health and Family Services, and several of its employees. The matter pertained to an application for the approval of the Women's Health & Family Services Enterprise Agreement 2013. The court was tasked with determining whether the agreement met the legal standards required for its approval. The employees, represented by their union, raised objections to certain clauses within the agreement, arguing they did not adequately protect the employees' rights and interests.

The primary legal issue before the court was whether the agreement, as proposed, was fair and reasonable for the employees and complied with the relevant provisions of the Fair Work Act 2009. The court had to consider the fairness of the agreement in light of the Fair Work (Registered Organisations) Amendment Act 2013, which introduced new criteria for assessing enterprise agreements. The court needed to ensure that the agreement was not only procedurally sound but also substantively fair to the employees it covered.

In its decision, the court examined the specific objections raised by the employees and their union, focusing on the provisions they found objectionable. The court also considered the broader context of the agreement, including the nature of the enterprise and the bargaining positions of the parties. Ultimately, the court found that the agreement, despite some initial objections, met the legal requirements for approval. The court concluded that the agreement was fair and reasonable, and did not contain any terms that were overly disadvantageous to the employees. The objections were either not well-founded or could be resolved through minor amendments that did not fundamentally alter the agreement's nature.

The court approved the Women's Health & Family Services Enterprise Agreement 2013, subject to the minor amendments necessary to address the specific concerns raised during the proceedings. The decision was made in accordance with the legal standards set out in the Fair Work Act and the amendments introduced by the Fair Work (Registered Organisations) Amendment Act. The final orders of the court included the approval of the agreement, with the noted amendments, and directed the parties to proceed with the implementation of the agreement.

Women's Health Care Incorporated T/A Women's Health and Family Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established