DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Women's Health Victoria Inc
(AG2018/2796)

WOMEN’S HEALTH VICTORIA INC. ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 16 APRIL 2019

Application for approval of the Women's Health Victoria Inc. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Women’s Health Victoria Inc. Enterprise Agreement 2018 (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 Victoria Inc. 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 NES precedence clause in clause 6.3.2 of the Agreement will ensure that the NES entitlements provide a minimum standard, notwithstanding any term of the Agreement which deals with the same matter.

[7] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 22 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Women's Health Victoria Inc. recently applied to the Fair Work Commission for the approval of their Enterprise Agreement 2018. The application involved a dispute between the employer, Women's Health Victoria Inc., and the union representing the employees, the Health Services Union of Australia. The crux of the dispute was whether the proposed agreement adequately addressed the employment terms and conditions of the employees, including wages, working hours, and other benefits.

The legal issues before the court were primarily focused on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, and if it was free from any coercive conduct. The court needed to ensure that the agreement did not unfairly disadvantage any party and that it provided for the proper operation of the enterprise.

The court examined the agreement in detail, taking into account submissions from both parties and relevant legislative provisions. The Fair Work Commission ultimately found that the agreement met the necessary statutory criteria. It was satisfied that the terms and conditions were fair and reasonable, and there was no evidence of coercive conduct. The agreement was thus approved, reflecting a balanced approach that met the needs of both the employer and the employees.

Women's Health Victoria Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established