Women’s Health Goulburn North East Inc

[2014] FWCA 4893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Women’s Health Goulburn North East Inc
(AG2014/1558)

WOMEN’S HEALTH GOULBURN NORTH EAST ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 21 JULY 2014

Application for approval of the Women’s Health Goulburn North East Enterprise Agreement 2014.

[1] On 25 June 2014 Women’s Health Goulburn North East Inc (Applicant) made an application for approval of the Women’s Health Goulburn North East Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee bargaining representatives have signed the undertakings to indicate their support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 July 2014. The nominal expiry date of the Agreement is 28 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Women’s Health Goulburn North East Inc, the applicant, sought the Fair Work Commission's approval of the Women’s Health Goulburn North East Enterprise Agreement 2014. The application involved the negotiation of a new enterprise agreement between the employer and the employees, which aimed to replace the existing agreement. The nature of the dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters, which were to be governed by the proposed agreement. The matter was heard by the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 and whether it contained the necessary provisions to ensure a fair and efficient workplace. Specifically, the Commission had to consider whether the agreement complied with the 'better off overall test', which requires that employees be no worse off financially and at least as well off in other terms compared to the existing agreement or applicable award. Additionally, the Commission examined whether the agreement adhered to the requirements for good faith bargaining and whether it included all mandatory terms as prescribed by the Act.

In reaching its decision, the Commission noted that the application was made in accordance with the relevant provisions of the Fair Work Act. It found that the agreement satisfied the 'better off overall test', as the proposed changes would not render employees worse off and would, in fact, provide them with improved conditions. The Commission also determined that the agreement was the product of genuine good faith bargaining and contained all the necessary mandatory terms. Consequently, the Fair Work Commission approved the Women’s Health Goulburn North East Enterprise Agreement 2014, deeming it to be in compliance with the Act.

The final orders of the Commission mandated that the approved agreement would come into effect from the date of the decision and replace the existing enterprise agreement. The new terms would govern the employment conditions of the employees covered by the agreement, effective immediately. The Commission's approval marked the successful conclusion of the negotiation process and established the new framework for the employer-employee relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established