DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East
(AG2017/4898)

WOMEN’S HEALTH GOULBURN NORTH EAST ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 14 MARCH 2018

Application for approval of the Women’s Health Goulburn North East Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Women’s Health Goulburn North East 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 Susan E Reid on behalf of Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Women's Health Goulburn North East Inc trading as Women's Health Goulburn North East and the Fair Work Commission was the court. The dispute centred around the approval of the Women's Health Goulburn North East Enterprise Agreement 2017. The application for approval was made by Women's Health Goulburn North East Inc, which sought to have the agreement recognised and enforced under the Fair Work Act 2009. The legal issues before the court were primarily whether the agreement met the formal and substantive requirements for approval under the Act.

The court examined whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, including whether there had been genuine bargaining and whether the agreement had been properly certified. Additionally, the court assessed whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, thereby satisfying the substantive fairness test. The court also considered whether the agreement adequately addressed key issues such as wages, hours of work, and other employment conditions, ensuring they were fair and reasonable.

The Fair Work Commission found that the agreement was made following the necessary procedures and met the criteria for approval. The agreement was certified by an authorised officer, indicating that there had been genuine bargaining and that the necessary consultation processes were followed. Furthermore, the court concluded that the terms and conditions of the agreement were no less favourable than those provided by the relevant awards, and thus met the substantive fairness requirement. The comprehensive nature of the agreement, covering essential employment terms and conditions, also supported its approval. The court ultimately approved the agreement, confirming its validity and enforceability under the Fair Work Act.

Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established