DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East
(AG2020/2669)

WOMEN’S HEALTH GOULBURN NORTH EAST ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 OCTOBER 2020

Application for approval of the Women’s Health Goulburn North East Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Women’s Health Goulburn North East Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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. 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. The undertakings are taken to be a term of 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] I note that Clause 30.1 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained numerous cross-referencing errors at Clause 31. On the 1 October 2020, the Applicant filed an amended page to the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2020. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East applied for the approval of the Women’s Health Goulburn North East Enterprise Agreement 2020, which was put forward for consideration by the Fair Work Commission. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement as a registered agreement that could be applied to the employees of the organisation.

The legal issues before the Commission involved the validity and fairness of the proposed agreement, ensuring it met the necessary criteria under the Fair Work Act, including the provisions related to the terms of employment, procedural fairness, and whether it represented a simple, fair, and efficient workplace agreement. The Commission also had to determine if the agreement was made in good faith and if it provided for minimum terms and conditions of employment as stipulated by the Fair Work Act.

In its reasoning, the Commission examined the contents of the proposed agreement against the statutory requirements. It confirmed that the agreement was free from any unfair content, met the procedural fairness standards, and was made in good faith. The Commission found that the agreement provided for fair and reasonable terms and conditions, aligning with the minimum standards prescribed by the Fair Work Act. Consequently, the Commission approved the application, endorsing the agreement as a registered agreement.

The Fair Work Commission approved the Women’s Health Goulburn North East Enterprise Agreement 2020, effective from the date of the Commission's decision. The agreement, now registered, will apply to the employees of Women’s Health Goulburn North East, providing a legally binding framework for their employment conditions.

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